


I 





V 
















State of New Jersey. 


AN ACT 

TO RHGUI,ATE 

KIvKCTIONS 

(Revision of 1898) 

APPROVED APRIL 4th, 1898 

With the Amendments Thereof, and Other 
Acts Concerning Elections, 

AND THE 

CONSTITUTIONAL PROVISION CONCERNING THE 
RIGHT OF SUFFRAGE 


Compiled and Printed under the Direction of the 
Secretary of State 



TRENTON. N. J. 

MacCr£u.ish & Quicl£y, State Printers. 

1910 






















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State of New Jersey. 


AN ACT 



TO REGULATE 

ELECTIONS 

(Revision of 1898) 

APPROVED APRIL 4th, 1898 

V 

With the Amendments Thereof, and Other 
Acts Concerning Elections, 

AND THE 

CONSTITUTIONAL PROVISION CONCERNING THE 
RIGHT OF SUFFRAGE 


Compiled and Printed under the Direction of the 
iSecretary of State 



TRENTON. N. J. 

MacCreilish & Quigley, State Printers. 





f 


r 


I Ot Of' 
^UG 13 






f 





An Act to Regulate Elections. 

Revision of 1898. 

ApruovfiD April 4 TH, 1898 . 


Bp; it enactkd by the Senate and General Assembly 
of the State of Nezv Jersey: 


Times and Places of Elections. 


1. On the Tuesday next after the first Monday in No¬ 
vember in each year, an election shall be held in each 
county, to elect for such county such a number of per¬ 
sons to be members of the general assembly as such 
county shall be entitled’ to elect; which election shall 
be known as the general election. 

2 . All municipal, local or charter elections shall con¬ 
tinue to be held on the days heretofore fixed or estab¬ 
lished by, or pursuant to, any law of this state applicable 
thereto. (See sections 238 and 294 .) 

3 . On the Tuesday next after the first Monday in 
November, in the year of our Lord one thousand nine 
hundred, and in each fourth year thereafter, an election 
.shall be held to elect such a number of persons to be 
electors of president and vice-president of the United 
States as this state shall be entitled to elect or appoint; 
each of whom shall be a male citizen of the United 
States, of the age of twenty-five years or upwards, and 
an inhabitant of this state, and shall have been a citizen 
of the United States seven years next preceding such 
election. 


Date of 
general 
election. 


Assemblymen 

elected. 


Dates of local 
elections. 


Election of 
presidential 
electors. 


Their 

qualifications. 



4 ■ 


ELECTIONS. 


Time of 
opening and 
closing polls. 


Notice by 
secretary of 
state of 
election of 
certain 
officers. 


Notice by 
county clerk. 


Election of 
sheriff and 
other county 
officers. 


Notice by 
county clerk. 


Notice of 
primarj' elec¬ 
tion by 
municipal 
•clerk. 


4. In all elections the polls shall open at six o’clock in 
the morning and close at seven o’clock in the evening, 
and shall be kept open during the whole day of election, 
between the hours aforesaid; provided^ the board of 
election may adjourn such election from one o’clock 
until two o’clock in the afternoon, or for such shorter 
time, between those hours, as they shall see fit. 

5. The secretary of state shall, between the first day 
of August aad the first day of September, in every year 
wherein electors of president and vice-president of the 
United States, members of the house of representatives, 
a governor or senator for any county, or any of them, 
are to be elected, direct and cause to be delivered to the 
clerk of the county, wherein any such election is to be 
held, a notice stating that such officer or officers are to 
be elected at the ensuing election; and the clerk of such 
county shall, within fifteen days after the receipt of the 
said notice, cause a copy of the same, certified under 
his hand to be true and correct, to be delivered to the 
clerk of each township, city or other municipality in said 
county. 

6. The sheriffs and coroners shall be elected by the 
people of their respective counties at the general elec¬ 
tion once in every three years; and the clerks, regis¬ 
ters of deeds and surrogates of counties shall be elected 
by the people of their respective counties, at the gen¬ 
eral election, once in every five years; and it shall be 
the duty of the clerk of every county, between the first 
day of August and the first day of September, immedi¬ 
ately preceding the expiration of the term of office of 
any such officer, to direct and cause to be delivered to the 
clerk of each township, city or other municipality in said 
county, a notice that such officer or officers, as the case 
may be, will be chosen at the ensuing election. 

7. The clerk of every township, city, or other munici¬ 
pality, shall, at least eight days prior to and within thirty 
days next preceding the day of election, put up, or cause 



ELECTLONS. 


5 


to be put up, an advertisement in at least five of the 
most public places within such township, city or other 
municipality, which advertisements shall make known 
the time, place and purpose of holding such election, 
and any election consolidated therewith, and the office 
or offices to be filled thereat, and shall be signed by such 
clerk; and shall, at least two' weeks preceding the 
primary election, hereinafter provided for, cause a 
notice to be published in not more than two of the news¬ 
papers of the county wherein such municipality is sit¬ 
uate, as said clerk shall select, setting forth that the 
boards of registry and election in and for each election 
district in such municipality will meet for the purpose 
of making a registration of voters on the days and be¬ 
tween the hours hereinafter designated for that pur¬ 
pose; and that a primary election of delegates to con¬ 
ventions of political parties or for making nominations, 
or for both, as the case may be, will be held on the 
day and between the hours and at the places as provided 
in this act; and making known the time, place and 
purpose of holding such general election, and any elec¬ 
tion consolidated therewith, and the office or offices to 
be filled; said notice shall be published in such news¬ 
paper or newspapers as will afford the widest possible 
information to all voters, and shall be continued in such 
newspaper or newspapers at least once, and not more 
than twice, in each week, up to and including the day 
before such election day; provided, that if there be a 
newspaper printed and published in such municipality, 
said newspaper shall be one of the newspapers so 
selected by the municipal clerk; in cities having more 
than thirty thousand population, said notice shall in¬ 
clude, in the newspaper or newspapers selected, a short 
description of the boundary lines of each election district 
therein, and the place of meeting o-f the board of 
registry and election; provided, that the part of said 


Notice of 
primary 
election and 
registration. 


Amended, 
P. L. 1910, 
p. 473. 


Proviso. 


Proviso. 



6 


ELECTIONS. 


Suitable room 
in which to 
hold election. 
[Amended, 

P. ly. 1908, 

P. 398.] 


Street booth. 


Proviso. 


Election 
districts 
divided or 
re-adj usted, 
when and 
how. 


notice relating to the primary election and the respective 
meetings for registration of the boards of registry and 
election shall be omitted after the holding of the same. 

8 . The clerk of every township, city or other munici¬ 
pality shall, prior to the date of the first meeting of the 
board of registry and election, procure for each election 
district in his township, city or municipality, a suitable 
room in which said board shall meet to make and revise 
the register of voters, and also to hold the election; and 
said clerk shall immediately notify said board of the 
location of such room; and if any such clerk shall omit 
to procure such room, then the meetings of such board 
and such election shall be held at such place as a majority 
of such board shall designate; if, in the judgment of 
said clerk, it shall be inadvisable to hold the election in 
the place designated for holding the meeting of the board 
of registry, then it shall be lawful for such clerk to des¬ 
ignate another place for holding such election, or to 
cause a builcfing to be constructed in the street outside 
the curb line immediately in front of, or as near as pos¬ 
sible to, the place of meeting of such registry board, in 
which to hold such election; provided, no election shall 
be held in any building in which is located or maintained 
any inn or tavern or saloon where intoxicating liquors 
are licensed to be sold. 


Election Districts. 

9. When at any election more than six hundred votes 
shall be or shall have been cast in any election district, 
such district shall forthwith be divided by the township 
committee or mayor and common council or other gov¬ 
erning body of the municipality containing the same 
into two or more election districts, or in lieu thereof, 
the boundary lines of any existing election district or 
districts may be changed, or such districts re-adjusted; 



ELECTIONS. 


7 


provided, however, that each of such districts, after such 
division, change or re-adjustment, shall not contain more 
than six hundred nor less than one hundred and fifty 
voters. 

10. The said township committee, mayor and common 
council or other governing body, shall have power, from 
time to time, to divide an election district, to change or 
re-adjust the boundary lines of any election district or 
districts, or consolidate two or more districts, whenever, 
by reason of change of population or alteration of mu¬ 
nicipal lines or otherwise, such action shall be deemed 
advisable; provided, that in every division, change or 
re-adjustment the geographical compactness of each 
district and the convenience of the voters shall be first 
considered. 

11. The township committee, mayor and common 
council or other governing body shall forthwith cause a 
description of the boundaries of such new election dis¬ 
trict or districts, and of the election district or districts 
affected by such division, change or re-adjustment, to be 
filed in the county clerk’s office, and a duplicate thereof 
in the office of the clerk of the township, city or other 
municipality. 

12. For the purpose of this act the term “election 
district” denotes the territory within which there is a 
single polling place for all the voters therein. 


County Boards of Election. 

13. There shall be in every county a county board 
of elections, to consist of four persons, to be commis¬ 
sioned by the governor in the month of July in each 
year, and who shall be legal voters within the counties 
for which they are respectively appointed; the chair¬ 
man of the state committee of each of the two political 


Election 

districts 

changed or 

consolidated, 

when. 

[Amended, 

P. E. 1899, 
p. 165.] 


Description 
of boundaries 
fded. 


“Election 

district” 

defined. 


County 
boards of 
election; how 
composed. 
[Amended, 

P. L. 190 .S. 

p. 502.] 



8 


ELECTIONS. 


Proviso. 


Annual ap¬ 
pointment. 


Vacancies. 


[f chairmen 
fail to ap¬ 
point, then 
governor. 


Suitable 

quarters 

provided. 


parties which at the last preceding general election 
cast the largest and next largest number of votes in 
the state for members of the general assembly may, 
in the month of June, in writing, nominate two citi¬ 
zens from each county, qualified as aforesaid, for mem¬ 
bers of the county board of elections in and for such 
county; and if such nominations be made in said 
month of June, the governor shall commission such 
appointees; provided, that two of such members shall 
be appointed for the term of one year from the first 
day of August next, and the remaining members shall 
be appointed for the term of two years from the first 
day of August next; and thereafter one member of 
such board shall be appointed annually by each of said 
chairmen, in the same manner, in the month of July, 
and shall continue in office for two years from the 
first day of August next after their appointment; in 
case of the death or disability of any member of said 
boards, the governor shall be forthwith notified thereof 
by the chairman or secretary of said board; the gov¬ 
ernor shall cause notice of such death or disability to 
be given to the chairman of the state committee who 
appointed such member; and such chairman shall, 
within six days thereafter, appoint a successor, who 
shall thereupon be commissioned by the governor; all 
appointments to fill any vacancies occurring in said 
boards shall be for the unexpired term only; if, in any 
case, either of said chairmen ghall fail to send a list of 
appointments to the governor within the time afore¬ 
said, the governor shall make such appointments of 
his own selection from the citizens of the county in which 
such vacancy shall occur; said county boards of elec¬ 
tion shall be provided by the board of freeholders of 
the respective counties with a suitable office and fur¬ 
niture, in the court house of the county for which they 
are respectively appointed, or in a building as near as 



ELECTIONS. 


9 


possible adjacent thereto; the terms of all members of 
the county boards of elections, as now constituted, shall 
cease and determine on the first day of August next. 

14. Said county boards of election shall, at ten Organization 
o’clock in the forenoon, on the first Tuesday in August, efection^^ 
or on such other day as they may agree on within the r 
first ten days of August, in each year, meet at the 
court house, or other place provided as aforesaid, in 
their respective counties and organize by electing one 
of their number to be chairman and one to be secretary; 
but the chairman and secretary shall not be the ap¬ 
pointees of the same chairman; in case of a failure 
to elect such chairman for three ballots or viva voce 
votes, then the oldest (in years) of such board shall 
be the chairman thereof; and on failure to elect such 
secretary for three ballots or viva voce votes, the member 
of the board next oldest (in yeaus) to the chairman of 
such board; the chairman and secretary shall not be the 
appointees of the same chairman. 


District Boards of Registry and Election. 

15. The county board of election in each county shall Boards of 

1 t 1 • r n 1 1 1 registry and 

cause to be made a complete registry of all the legal 
voters in their respective counties, and for that purpose 
shall appoint for each election district in the county four p- 5^4.] 
persons, legal voters and residents of such districts, to 
be the board of registry and election for such district; 
not more than two of such appointees in each election 
district shall be nominated by one chairman; the said 
boards of registry and election shall be appointed on or 
before the twenty-fifth day of August in each year, upon 
nominations, made in writing by the chairman of the 
county committee of each of the two political parties 
which at the last preceding general election cast the 
largest and next largest number of votes in said county 




lO 


ELECTIONS. 


Proviso. 


If nominee 
ineligible. 


Proviso. 


for members of the general assembly; said nominations 
shall be made after the tenth and not later than the fif¬ 
teenth day of August in each year; and in event that 
either chairman shall neglect to file such nominations in 
the manner and within the time herein prescribed, the 
county board of election shall immediately cause notice 
to be given to said chairman, and he may supply the 
deficiency in the list of nominations on or before August 
twenty-second next following; and the county board of 
elections shall appoint said nominees; provided, how¬ 
ever, that all nominees shall answer in writing, over their 
own signatures, and to the satisfaction of the county 
board of elections, all reasonable questions which may 
be submitted to them or prepared for that purpose by the 
county board of elections, which refer to the efficiency, 
eligibility and character of the nominees, and bear upon 
their fitness to serve as members of the board of registry 
and election; and on failure so to do, said board may 
by a majority vote reject such nominee, and thereupon 
shall immediately notify such chairman to nominate an¬ 
other member of such board; if the chairman of either 
of the said county committees shall fail to present, in 
the manner and within the time herein specified, a list 
of nominees for appointment as members of the district 
boards of registry and election, the county board of elec¬ 
tions shall supply any deficiency in the list of nominees 
from the citizens of the county; provided, also, that the 
county board of elections may remove from office any 
member of any board of registry and election for neg¬ 
lecting or refusing to properly discharge the duties of 
his office at the time required by law, for intoxication, 
for incapacity, or for deceit or falsehood exercised in 
securing his own appointment; and all police officers, 
constables, sheriffs and peace officers are.hereby re¬ 
quired to remove summarily, by force if necessary, any 
member of the board of registry and election in said 
county whose removal has been ordered in writing by the 



ElvECTIONS. 


I] 


county board of elections, attested by the signatures of 
the chairman and secretary of such board; the vacancy 
so made shall be filled immediately by the county board 
of elections, but for the unexpired term only. 

16. The members of said county boards of election 
and also the members of said district boards of registry 
and election shall, before entering upon the performance 
of their duties, severally take and subscribe an oath or 
affirmation, in writing, before a duly qualified officer, 
faithfully and impartially to discharge all their duties 
as such officers, to the best of their skill and ability; 
which oaths or affirmations shall be forthwith forwarded 
to the county clerk, and by him filed in his office, and 
after qualification as aforesaid, any member of either of 
said boards may, at any meeting thereof, administer any 
oath or affirmation required or permitted to be taken by 
this act. 

17. The terms of office of the members of the dis¬ 
trict boards of registry and election shall begin on Sep¬ 
tember first of each year and expire on August thirty- 
first of the following year, or when their successors are 
appointed and qualified; all vacancies in the district 
boards of registry and election, except those caused by 
the removal of a member from office, shall be filled 
by the county boards of elections in the same manner 
as hereinbefore provided for in the original appoint¬ 
ment of such members, but for the unexpired term only; 
provided, however, that in case of a vacancy occurring 
in said board on the day of election, by reason of the 
absence or disability of a member, except in case of 
removal by order of the county board of elections, such 
vacancy shall be immediately filled by the member of 
the district board who was nominated by the same chair¬ 
man as the member whose place has become vacant; 
such appointment shall be immediately reported to the 
county board of elections. 


Official oath 
of members 
of county 
and district 
hoards. 


[Amended, 
P. L. 1899. 
p. 165.] 


Term of 
board of 
registry and 
election. 


[Amended, 
P. L. 1905 , 

P. 505 ] 


Proviso. 



12 


ELECTIONS. 


Meetings of 
district 
boards, 
where held. 


Organization 
of district 
boards. 


[Amended, 
P. ly. 190^. 

P S06.] 


Proviso. 


Public notice 
in newspapers. 
[.Amended, 

P. Ly. 1903. 
p 624.] 


18. The district boards of registry and election shall 
severally meet within the district for which they are 
appointed, at such place as shall be designated by the 
clerk of the municipality, on the days hereinafter desig¬ 
nated, for the purpose of making a registration of voters. 

19. Each of said boards shall, on the seventh day 
next preceding the first day of registration, meet 
together and organize, and at such meeting shall 
elect one of its members as judge, who shall be chair¬ 
man of said board, and another of its members as in¬ 
spector; such judge and inspector shall be nominees of 
different chairmen, and the other two members of the 
board shall be clerks of election, and shall perform all 
the duties required by law of the clerks of registry and 
election; in case of failure to elect a judge as herein 
provided, after balloting or voting three times, the mem¬ 
ber of the board oldest in years shall become judge, and 
in case of failure to elect an inspector, after balloting 
or voting three times, the next oldest member of the 
board in years shall become the inspector; provided, 
that both chairman and inspector shall not be nominees 
of the same chairman. 

20. The county board of elections of each county shall 
at least two weeks preceding the primary election cause 
a notice to be published in such of the newspapers of 
their county as they shall previously have designated for 
that purpose, not exceeding six in all, setting forth that 
the boards of registry and election in and for each elec¬ 
tion district in such county will meet for the purpose of 
making a registration of voters on the days and between 
the hours hereinafter designated for that purpose, and 
that a primary election of delegates to conventions of 
political parties or for making nominations, or for both, 
as the case may be, will be held on the second Tuesday 
of September, and between the hours and at the places 
as provided, in this act: said notice shall be published, 
as nearly as may be, equallv in newspapers of the differ- 



ELECTIONS. 


13 


ent political parties, and so as to afford the widest possi¬ 
ble information to all voters of every political party; 
and such notice shall be continued in such newspapers 
at least once a week for at least three weeks successively; 
provided, that such publication shall not be made in any 
daily newspaper more than twice in any one week; in 
cities of the first class said notice shall include in the 
newspapers designated therein a short description of the 
boundary lines of each election district therein, and the 
place of meeting of the board of registry and election 
therein, provided that the part of said notice in reference 
to the primary elections may be omitted after the hold¬ 
ing of the same. 


Registration for the General Election in Cities of Over 
Thirty Thousand Population. 


21. The district boards of registry and election in all 
districts in cities having by the next last preceding cen¬ 
sus a population exceeding thirty thousand, shall meet 
annually on the second Tuesday in September, at one 
o’clock in the afternoon, and continue in session until 
nine o’clock in the evening, for the purpose of register¬ 
ing the names of all legal voters, residents of the election 
district for which they are appointed; after the board 
shall have organized they shall proceed to make two 
lists or registers, arranged b}^ streets, in the alphabetical 
order of such streets and by street numbers, if any there 
be, and if not, by the order of the houses as they occur 
upon any avenue, street or road in such district; they 
shall register the names of all persons in their respective 
election districts entitled to the right of suffrage therein 
at the next election who shall personally appear before 
them for that purpose, and such other persons as shall 
be shown by the written affidavit of a voter residing in 
the same election district to be lawfully entitled to vote 
therein at the ensuing election; provided, that no person 
so applying shall be registered unless a majority of the 


First 

meeting for 
registration 
for general 
election in • 
cities having 
over 30,000 
inhabitants. 
[Amended, 

P. I,. 1901, 
p. 254: P. L. 

1903, p. 625.] 



14 


ELECTIONS. 


Post copy of 
register. 


Conduct 

primary 

election. 


Second and 
third meet¬ 
ings for 
registration. 


Names erased 
from register. 


Tliree copies 
to be made. 


New register 
each year. 


board shall be satisfied, by affidavit or otherwise, that he 
will be entitled to vote in that election district at the en¬ 
suing election; on the day succeeding such meeting each 
of the clerks shall post a copy of the register, in hand¬ 
bill form, in some conspicuous place in such election dis¬ 
trict; said board of registry and election shall also, at 
said session, act as a primary election board and conduct 
the primary elections as provided in this act. 

22. The said district boards of registry and election 
in the aforesaid cities, shall again meet in the same place 
and at the same hour, on Tuesday four weeks next pre¬ 
ceding the general election, and finally on Tuesday two 
weeks next preceding the general election, for the pur¬ 
pose of revising and correcting the registers, and of add¬ 
ing thereto the names of all persons entitled to the right 
of suffrage in that election district at the next election, 
who shall appear in person before them and establish to 
the satisfaction of a majority of the board that they are 
entitled to vote in that election district at the next elec¬ 
tion therein, or who shall be shown by the written affi¬ 
davit of a voter residing in the same election district to 
be so entitled to vote; the district board of registry and 
election shall erase from such registry the name of any 
person or persons who, after a fair opportunity to be 
heard, shall be shown by due proof not to be entitled to 
vote in such election district; three copies of the revised 
register shall be made by the board of registry and elec¬ 
tion, which shall be so written a.s to show opposite each 
name whether each voter appeared in person before such 
board or was registered by affidavit; if by affidavit, 
the name of the person making such affidavit shall fol¬ 
low the name of the person so registered in a space or 
column provided for that purpose; and such revised 
registers shall be arranged by streets and by street num¬ 
bers in the same manner as is required with respect to 
the lists to be made on the first registry day; the regis¬ 
ter of names in each election district shall be made up 




ELECTIONS. 


15 


annually for the general election as herein provided, 
and shall not be copied from the register of the pre¬ 
vious year or of any previous election, either in whole 
or in part; on the day succeeding the completion of 
the register, one copy thereof shall be delivered by the 
chairman to the county board of elections, to be filed 
by them; one copy shall be posted at the place of regis¬ 
try in said district, for public inspection, and one copy 
shall be retained by the judge for use by the district 
board on the day of election. 


Registration for the General Election in Districts Out¬ 
side of Cities of Over Thirty Thousand Population. 

23. The boards of registry and election in all elec¬ 
tion districts in the state, outside of cities having a 
population exceeding thirty thousand, shall meet an¬ 
nually on the first Tuesday of September in each year, 
at ten o’clock in the forenoon, and having first organ¬ 
ized shall proceed to ascertain, and truly and accurately 
enter in canvassing-books, to be provided for that pur¬ 
pose, the names and residences and street numbers, if 
any, of all legal voters residing within their respective 
election districts entitled tO' vote therein at the next elec¬ 
tion by making actual inquiry at every dwelling-house or 
habitation, or of the head of every family residing 
therein, and shall continue such enumeration of voters 
from day to day thereafter, on successive days, until 
the same be completed; provided, that such enumeration 
shall terminate on or before the Friday next succeeding; 
the name of every such voter, as aforesaid, whose place 
of abode shall be in any family or habitation, or who 
may be casually or temporarily absent therefrom when 
such enumeration is made, shall be entered in said can¬ 
vassing-books ; in making such enumeration the said 
boards of registry and election may divide their election 


Disposition 
of the tliree 
copies. 


Registration 
by canvassing 
in munici¬ 
palities under 
30,000. 
[Amended, 

P. r,. 190S, 
p. 506.] 


Proviso. 


Board may 
divide in 
canvassing. 



ELECTIONS. 


i 6 


Register 
made from 
canvassing 
books. 


Two copies of 
registers to 
be posted. 


Third 

meeting. 


districts intO' subdivisions, and any two of their number, 
designated by the chairman and inspector, together and 
in company, may make the enumeration in such sub¬ 
divisions; no name shall be entered on such canvassing- 
books without the concurrence of both of said members, 
or if said enumeration be made by the entire board, 
without the concurrence of a majority thereof; on the 
second Tuesday of September next preceding the general 
election said boards shall meet at the places provided in 
this act for holding the primary election in their re¬ 
spective election districts at one o’clock in the afternoon, 
and continue in session until nine o’clock in the evening, 
at which time and places said boards shall hold the 
primary elections as provided in this act and shall also 
proceed to transcribe and make up from said canvass¬ 
ing-books two lists or registers of the names arranged 
in alphabetical order, together with the residences and 
street numbers, if any, of all persons in their respective 
election districts entitled to the right of suffrage therein 
at the next election, or who shall personally appear be¬ 
fore them for that purpose, or who shall be shown to 
the satisfaction of such board of registry and election 
by the affidavit in writing of some voter in that election 
district to be a legal voter therein. 

24. When, on the day of their meeting, as provided 
in the next preceding section, the board of registry and 
election shall have completed said two registers, they 
shall certify on each of them and announce publicly the 
number of names entered thereon; on the day succeed¬ 
ing such meeting a correct list of the names entered on 
said registers, with residences and street numbers, if 
any, shall be posted by each of said clerks, in hand-bill 
form, in some conspicuous public place within such elec¬ 
tion district; both of said lists shall be certified by the 
board of registry and election, or a majority thereof, 
to be correct copies of the original registers; the said 
board of registry and election shall also meet on Tues- 



ELECTIONS. 


17 


day next preceding the general election at the place of 
their former meeting, at the hour of one o’clock in the 
afternoon, and remain in session until nine o’clock in 
the evening, for the purpose of revising and correcting 
the original registers, of adding thereto the names of 
all persons entitled to the right of suffrage in that elec¬ 
tion district at the next election, who shall appear in 
person before them or shall be shown by the written 
affidavit of some voter in such election district to be a 
legal voter therein, and of erasing therefrom the name 
of any person, who, after a fair opportunity to be heard, 
shall be shown not to be entitled to vote therein; pro- 
videdj that no name shall be entered on said registers 
or either of them from said canvassing books, or 
stricken therefrom, without the concurrence of a ma¬ 
jority of all the members of said boards of registry 
and election; upon the completion of said registers the 
said board of registry and election shall publicly an¬ 
nounce and certify on each register the number of 
names entered thereon, and one of said clerks, to be 
designated by the chairman of said board of registry 
and election, shall prepare an additional copy of the 
names, residences and street numbers, if any, on such 
completed register, which additional copy, after being 
certified as aforesaid, shall be by said clerk, within two 
days after said last-mentioned Tuesday, filed with the 
clerk of the township, city or other municipality within 
which such election district may be situate; on the day 
succeeding the completion of said registers, one copy 
thereof shall be delivered by the chairman of said board 
to the county board of elections to be filed by them, and 
one copy shall be retained by him for use by the district 
board on the day of election. 


Names erased 
from register. 


Additional 
copy filed 
with munic¬ 
ipal clerk. 


Disposition 
of the two 
ori^nal 
registers. 


2 tJ.tC 



i 8 


ELECTIONS. 


Meeting of the County Board of Elections Before the 
General Election. 


Meetings of 
county board 
before general 
election. 


Procedure to 
add names 
to register. 


Procedure to 
erase names 
from register. 


25. It shall be the duty of the several county boards 
of elections to sit at the office so provided for them on 
Thursday and on Saturday 'next preceding the day of 
the general election, from eight o’clock in the forenoon 
till five o’clock in the afternoon of each of said days; 
and in case the name of any legal voter in any election 
district has been improperly or inadvertently left off the 
registry list, he may, on said days, apply in person to 
the county board of elections for the purpose of having 
his name placed upon the register; and the county board 
of elections, upon such application to them, and upon 
proper evidence satisfying them that such person is a 
legal voter entitled to vote at any such election, may give 
their certificate to that effect, and shall add his name to 
the proper register on file with them; such voter may 
present such certificate to the board of registry and elec¬ 
tion of the district in which he is entitled to vote, and 
said board shall receive and file said certificate and add 
his name to the register, provided said board shall be 
satisfied that he is entitled to vote in said district, and 
he shall thereupon be allowed to vote at said election, 
and no name shall be added to the said register after the 
last registry day preceding the day of election except in 
the manner provided for in this section; provided, how¬ 
ever, that certificates of transfer may be issued and shall 
be accepted in the cases hereinafter mentioned; said 
board may order erased from any register the name of 
any person who shall be shown to the satisfaction of the 
board, for any cause, not to be entitled to vote at the 
next election in the election district wherein he is regis¬ 
tered; provided, that no name shall be ordered erased 
from any such register in the absence of the person to 
be affected thereby, unless it shall appear to the board 



ELECTIONS. 


19 


by affidavit of some qualified voter that notice has been 
given such person, either personally or by leaving the 
same at his assigned place of residence, with some per¬ 
son above the age of fourteen years, at least two entire 
days before such meeting of the board, that at such 
meeting application would be made to have the name 
of such registered person stricken from the register, on 
the grounds on which said application would be based; 
when any name shall be stricken from any register as 
aforesaid, a certificate of such board, stating the name 
erased and the cause therefc^;, and from what election 
district, shall be given to the person applying to have 
such name erased, and such board shall erase the name 
of such person from the register on file with them, and 
on the delivery of such certificate to the board of regis¬ 
try, the name of such person shall be erased by them 
from the register in their possession, and his vote shall 
not be received if he presents the same. 


Registration in Cities of Over Thirty Thousand Popu¬ 
lation for Charter Election. 


26. In each city of this state having a population ex¬ 
ceeding thirty thousand it shall be the duty of the district 
boards of registry and election for all elections other 
than general elections to make, alter and revise, as the 
case may require, the register of voters within and for 
the several election districts of such city; provided, how¬ 
ever, that where the election districts have remained 
unchanged it shall not be necessary for said boards to 
make a new register of the voters for such election dis¬ 
tricts, but only to revise and correct the register made 
for the last general election; and for that purpose the 
said boards shall meet at such places in their respective 
election districts as shall be designated by the clerk of 
such city, on Tuesday four weeks next preceding such 


Meetings to 
make or 
revise 

registers for 
charter elec¬ 
tions in cities 
having over 
30,000 
inhabitants. 


[Amended, 
P. L. 1901. 
p. 256.] 


Dates of 
meetings. 



20 


ELECTIONS. 


Two copies 
to be posted. 


Disposition 
of two 
original 
registers. 


Registers to 
be delivered 
by county 
board to city 
clerk for use 
of district 
boards. 


City clerk 
to publish 
notice of 
registration. 


election, and finally on the Tuesday two weeks next pre¬ 
ceding the same; and meetings to begin at one o’clock 
in the afternoon and to continue until nine o’clock in the 
evening, for the purpose of revising and correcting the 
register and of adding thereto the names of all persons 
entitled to the right of suffrage in that election district 
at the said election, who shall appear in person before 
them and establish to the satisfaction of the majority of 
the board that they are entitled to vote in that election 
district at said election, or who shall be shown by the 
written affidavit of a voter residing in the same election 
district to be so entitled to vote; a separate affidavit 
shall be required for each person so registered, which 
shall contain the address of the affiant and shall be 
signed by him; on the day succeeding such first meeting, 
each of the clerks shall post, in hand-bill form, in some 
conspicuous place in such election district, a copy of 
the revised register; and on the day succeeding such 
second meeting, one copy thereof shall be delivered by 
the chairman to the county board of elections to be filed 
by them; and one copy shall be retained by him for use 
by the district board of election. 

27. The county board of election shall deliver to the 
city clerk of the city in which an election for municipal 
officers or any special election is to be held, seven weeks 
at least prior thereto, the copies of the registers filed 
with said county board of elections at the previous gen¬ 
eral election, to be by the said city clerk delivered to 
the district boards of registry and election, six weeks at 
least preceding any such election. 

28. It shall be the duty of the city clerk in each of 
the said cities to give notice by publication in at least 
two of the newspapers published in said city, of the time 
and place of the meetings of the district boards of regis¬ 
try and election, at least two weeks, once in each week 
before the first day upon which such boards shall meet; 
in cities of the first class the said notice shall include a 



ELECTIONS. 


21 


short description of the boundary lines of each election 
district and the location of the polling place therein. 


Registration in ail Other Municipalities for Charter 
and Local Elections. 

29. In all cities of this state having a population not 
exceeding thirty thousand and in all townships, towns, 
boroughs and municipalities other than cities, there shall 
be no new registration required for any election other 
than the general election; but the several boards of 
registry and election shall procure and use in their re¬ 
spective districts at such election the copy of the register 
filed with the clerk of the municipality within which such 
election district may be situate; said boards shall meet 
on the Tuesday next preceding such election, to revise 
and correct said register in the manner hereinbefore 
provided for the revision of the registers in cities having 
a population exceeding thirty thousand; and each elec¬ 
tion clerk of every district shall cause at least three 
notices of the time and place of such meeting to revise 
and correct said register, to be conspicuously posted in 
public places within such district, at least one week 
before such meeting; no copy of such revised and cor¬ 
rected register need be posted, but a copy shall be filed 
with the county board of elections within one day there¬ 
after. 


Meeting of County Boards of Election Before Charter 
Elections. 

30. It shall be the duty of the several county boards 
of elections to sit on Thursday and also on Saturday 
next preceding any township, municipal, charter, local 
or special election in their respective counties, for the 


Meetings 
to revise 
registers for 
local elec¬ 
tions in 
districts 
outside of 
cities having 
over 30,000 
inhabitants. 
rAmended, 

P. L. 1901, 
P- 257.] 


Notices of 
meeting. 


Copy of 
register 
delivered to 
county board. 


Meetings of 
county board 
before 
charter or 
local 

elections. 



22 


ELECTIONS. 


County 
boards to 
appoint dis¬ 
trict boards 
for new or 
altered 
districts. 


Duty of such 

district 

boards. 


Proceedings 
of district 
boards to be 
public. 


Registration 
by affidavit. 


purpose of adding to the register the names of any legal 
voters entitled to vote at such election, and erasing there¬ 
from the name of any person not so entitled to vote; 
and such county board shall proceed in all respects as 
is provided for the revision by them of the register for 
the general election. 

31. Whenever the boundaries of any election district 
in any township, city or other municipality within this 
state shall have been changed or any new district created 
between the time of holding the general election and 
the time of holding the next charter, local or special elec¬ 
tion, or where the boundaries of any election district 
shall not be the same as at the general election, it shall 
be the duty of the county board of elections, on being 
notified thereof, to appoint a board of registry and 
election for such election district, in the manner herein¬ 
before provided for the appointment of district boards 
of registry and election; and such district board shall 
thereupon proceed to make and revise a register of all 
the names of the legal voters in such election district; 
such register shall be made and revised so far as is 
practicable at the times and in the manner hereinbefore 
provided for the making and revising of the register for 
the general election; in all newly-created municipalities, 
the registry for the first election shall be made as herein 
directed, unless otherwise provided by any general law 
relating to such newly-created municipalities. 


Proceedings Applicable to all Registrations. 

32. The proceedings of every board of registry shall 
be open to the public, and all persons entitled to the right 
of suffrage in the election district shall be entitled to be 
freely heard in relation to the revision and correction of 
the registers; whenever a voter shall be registered by 
affidavit a separate affidavit shall be required for each 



ELECTIONS. 


23 


person so registered, which shall contain the address of 
the affiant and be signed by him; such affidavits shall 
be preserved in the custody of the member of the board 
of registry and election acting as judge until the com¬ 
pletion of the registry; all such affidavits shall then be 
delivered by such judge to the county board of elections, 
who shall give a receipt for the same, stating the number 
received; and the said county board of elections shall 
preserve such affidavits for six months after election, or 
until required to produce the same by any court or tri¬ 
bunal authorized to require their production as evidence 
in such court or tribunal. 

33. No person, except as hereinafter provided, shall 
be allowed to vote unless his name shall be found on the 
register; and if any member or members of the board 
of registry and election shall willfully refuse to enter 
in the canvassing-books or upon the registers the name 
of any person legally entitled to vote, or shall register 
the name of any person contrary to the provisions of 
this act, or on the day of election shall receive the vote 
of any person whose name shall not appear on the re¬ 
vised and corrected register, unless such name shall have 
been ordered added thereto in the manner herein pro¬ 
vided, such member or members shall be punished, on 
conviction, by a fine not exceeding one thousand dol¬ 
lars, or by imprisonment not exceeding two years, or 
both, in the discretion of the court. 

34. Any person who shall cause or procure his name 
to be registered in more than one election district, or 
shall cause or procure his name or that of any other per¬ 
son to be registered, knowing that he or the person 
whose name he has procured to be registered, is not en¬ 
titled to vote in the election district wherein said regis¬ 
try is made, at the next election to be held therein, or 
who shall falsely personate any registered voter, shall 
be punished for each offence by a fine not exceeding one 
thousand dollars, or imprisonment for a term not ex- 


Disposition 
of affidavits. 


Who may 
vote. 


Penalty for 
illegal regis¬ 
tration, etc., 
by board. 


False regis¬ 
tration. 


Penalty. 




24 


ELECTIONS. 


Registration 
by affidavit. 


Penalty. 


Disposition 
of affidavits 


Procedure 
where voter 
has removed 
to another 
district. 


Procedure 

where 

election 

falls on 

registration 

day. 


ceeding five years, or both, at the discretion of the 
court, (a) 

35. Every board of registry and election shall place 
upon said registers the name of any person who shall 
appear before them and satisfy them by an affidavit in 
writing that such person will, on the day of the next en¬ 
suing election, be entitled, under the constitution and 
laws of this state, to exercise the right of suffrage in that 
election district; and any person swearing falsely in 
any such affidavit shall be guilty of perjury, and incur 
the penalty thereof; every such affidavit shall within 
two days be forwarded to the county board of elections, 
to be by them kept as provided in the thirty-second sec¬ 
tion of this act. 

36. If any person shall, after being registered in one 
election district, move into another election district in 
the same county, he may apply to the board of registry 
and election, on election day, to have his name erased 
from the register and a certificate given him to that 
effect, which certificate shall be signed by said board, 
or a majority thereof, and on presentation of such cer¬ 
tificate to the board of election of the district where he 
then resides, his name and residence (including street 
and number, if any) shall be placed on the register of 
such district, where he shall then be allowed to vote; 
provided, that said latter board may require him to 
make a statement, under oath, to satisfy themselves of 
his-right to vote; the presentation of such certificate 
shall'be noted on the register and the certificate pre¬ 
served, and at the close of the election attached to the 
register and filed therewith with the county clerk. 

37. Whenever the time fixed by law for holding any 
municipal, local or charter election falls upon the day 

(0) A conviction cannot be sustained by this section solely upon the fact 
that defendant procured the name of an unqualified voter to be registered, 
but it must further appear that he knew when he caused such registration 
to be made that the person so registered was not entitled to vote at the next 
election. The significant word of the section is “knowing.” State v. 
McBarron, 37 Vr. 680. 



ELECTIONS. 


25 


fixed by law for the meeting of the boards of registry 
to prepare a register for the ensuing general election, 
such meeting of the boards of registry shall be held upon 
the day following such municipal, local or charter elec¬ 
tion. 


Nomination by Convention. 


38. Any convention of delegates or nominating body 
of a political party as hereinafter defined, and also indi¬ 
vidual voters by petition, to the number and in the 
manner hereinafter specified, may nominate candidates 
for public office, whose names shall be printed, written 
or placed upon the ballots as hereinafter provided and 
directed; a ‘‘convention of delegates’" or “nominating 
body of a political party,” within the meaning of this 
act, is an organized assemblage of delegates or voters, 
representing a political party which, at the general elec¬ 
tion next preceding the holding of such convention or 
nominating body, polled for members of the general 
assembly at least two per centum of the total vote cast 
in the state, county or other division or district in and 
for which the nomination is made. 

39. All nominations made by any such convention of 
delegates or nominating body shall be certified in a writ¬ 
ten or printed, or partly written and partly printed, cer¬ 
tificate of nomination, which shall contain the name of 
each person nominated, his residence and post-office ad¬ 
dress, the office for which he is named, and shall desig¬ 
nate in not more than three words the title or name of 
the party or principles which such convention or nomi¬ 
nating body represented; said certificate shall be signed 
by the presiding officer and secretary of such convention 
or nominating body, who shall add to their signatures 
their respective places of residence and post-office ad¬ 
dresses, and severally make oath before an officer quali¬ 
fied to administer the same, that the affiants were re- 


Nomination 
of candidates 
by conven¬ 
tions, etc. 


“Convention 
of delegates” 
and “nomi¬ 
nating body 
of a political 
party’^ 
defined. 


Nominations 
to be certified 
and verified 
by oath. 



26 


ELECTIONS. 


Names of 
factions; how 
selected 
when party 
is divided. 


Nomination 
of candidates 
by petition. 


Contents of 
petition. 


spectively such officers of such convention or nominating 
body, and that said certificate and the statements therein 
contained are true as they verily believe; and a certifi¬ 
cate that such oath has been taken shall be made and 
signed by the officer administering the same and en¬ 
dorsed upon or attached to such certificate of nomina¬ 
tion, (a) 

40. In case of a division in any party and claim by 
two or more factions to the same party name or title, 
the secretary of state or the county or municipal clerk, 
as the case may be, shall give the preference of name or 
title to the convention of delegates or nominating body 
held at the time and place designated in the call of the 
regularly-constituted party authorities; and if the other- 
faction shall present no other party name or title, the 
secretary of state or county or municipal clerk, as the 
case may require, shall select a name or title and place 
the same at the head of the list of candidates of said 
faction on the ballot; if two or more conventions be 
called by authorities or bodies claiming to be the regu¬ 
larly-constituted authority or body of any party, the 
secretary of state or county or municipal clerk, as the 
case may require, shall select suitable names or titles to 
distinguish the several factions, and the ballots shall be 
printed accordingly. 


Nominations by Petition. 

41. Besides the nomination of candidates by a con¬ 
vention of delegates or nominating body of a political 
party, as hereinbefore provided, candidates for public 
office may also be nominated by ‘‘petition^’ in manner 
following: Such petition shall be addressed to the secre¬ 
tary of state or clerk of said county, city or other mu- 

(0) As to amending a defective certificate of nomination, see section 
235 post. 



ELECTIONS. 


27 


nicipality, as may be proper, and shall set forth the 
name or names and places of residence and post-office 
addresses of the candidates for the offices to be filled, 
the office for which each candidate is named, and that 
such petitioners are legally qualified to vote for such 
candidates; said petition may also designate, in not 
more than three words, the title of the party or principle 
which the candidates therein named represent, and shall 
be signed by legally qualified voters of this state, residing 
within the district or political division in and for which 
the officer or officers nominated are to be elected, equal 
in number to at least two per centum of the entire vote 
cast for members of the general assembly, at the last 
preceding general election in the state, county, district 
or other political division in and for which the nomina¬ 
tions are made; provided^ that when the nomination is 
for an office to be filled by the voters of the entire state, 
eight hundred signatures in the aggregate for each can¬ 
didate nominated in said petition shall be sufficient ; 
provided, also, that not more than one hundred signa¬ 
tures shall be required to any petition for any officers to 
be elected, save only such as are to be voted for by the 
voters of the state at large; in case of a first election to 
be held in a newly-established election district, county, 
city or other political division, the number of fifty signa¬ 
tures to a petition shall be sufficient to nominate a candi¬ 
date to be voted for only in such election district, county, 
city or other political division; every voter signing a 
petition shall add to his signature his place of residence, 
post-office address and street number, if any; such voter 
may sign one petition for each officer and no more, but 
all the names need not be signed to one petition; before 
any petition shall be filed as hereinafter provided, at 
least five of the voters signing the same shall make oath 
before a duly-qualified officer that the said petition is 
made in good faith, that the affiants verily believe all the 
signatures thereto to be genuine and those of duly-quali- 


Number of 

signers 

required. 


Residence 
and address 
to be added. 


Petition to 
be certified 
by oath. 




ELECTIONS. 


28 


fied voters; and a certificate that such oath has been 
taken shall be indorsed upon or annexed to the petition 
by the officer before whom the same is made, (a) 


Certificate of Nomination and Petition. 


Time for 
filing certifi¬ 
cates and 
petitions. 


Acceptance 
by candidates. 


42. All certificates of nomination and all petitions 
naming candidates for office to be filled by voters of the 
entire state, or of any congressional district, or of any 
political division greater than a single county, shall be 
filed with the secretary of state at least twenty-five days 
previous to the election at which the candidates nomi¬ 
nated are to be voted for; all certificates and petitions 
naming candidates to be voted for by all the voters of 
a single county or more than a single political division 
thereof, or where candidates for city offices are to be 
voted for upon the county ticket, shall be filed with the 
clerks of the respective counties wherein the officers 
nominated are to be voted for at least fifteen days prior 
to such election; all other certificates and petitions shall 
be filed with the clerks of the respective municipalities 
wherein the candidates nominated are to be chosen at 
least thirteen days before the election whereat they are 
to be voted for; all certificates and petitions when filed 
shall be opened, under proper regulation, for public in¬ 
spection, and the same shall be preserved for one year; 
candidates nominated for any office in any certificate or 
petition shall manifest their acceptance of such nomina¬ 
tion by a written acceptance thereof, signed by their own 
hand, upon or annexed to and filed with such certificate 
or petition, or if the same person be named for the same 
office in more than one petition annexed to one of such 
petitions; the name of any candidate who shall fail in 
such manner to signify his acceptance of the nomination 
shall not be printed upon the ballots; it shall be the duty 


(o) As to amending a defective petition, see section 235 post. 



ELECTIONS. 


29 


of the county clerks to certify to the secretary of state, 
within five days prior to the general election, the names, 
places of residence and post-ofiice addresses of the sev¬ 
eral candidates nominated for senator and members of 
the general assembly, together with the title of the party 
nominating said candidates, and whether by convention 
or petition, with the dates of holding such convention 
and of the filing of such certificates of nominations and 
petitions. 

43. It shall be the duty of the secretary of state at 
least fifteen days before any election whereat any candi¬ 
dates nominated in any certificate or petition filed with 
him is to be voted for to make and certify, under his 
hand and seal of office, and forward to the clerks of the 
several counties of the state a statement of all the candi¬ 
dates nominated by certificate or petitions filed in h*s 
office for whom voters within any such county may be 
by law entitled to vote at such election; such statement, 
in addition to the names of the candidates for president 
and vice-president of the United States, if any such have 
been included in any such certificate or petition filed with 
him, shall also contain the names and residences of all 
other candidates, the offices for which they are respec¬ 
tively nominated, and the names of the parties by which 
or the political appellation under which they are respec¬ 
tively nominated; candidates nominated by petition, 
without distinctive political appellation, shall be certified 
as independent candidates, 

44. Whenever any person nominated for public office 
by any of the modes in this act provided shall, at least 
thirteen days before the day of election, in a writing 
signed by him and duly asknowledged, notify the officer 
with whom the original certificate of his nomination was 
filed that he declines such nomination, the same shall be 
void, and his name shall not be printed upon the ballots; 
the officer to whom such notification is given shall forth¬ 
with inform, by mail or otherwise, the chairman and sec- 


Addresses 
furnished 
secretary 
of state. 


Names of 
candidates 
certified by 
secretary of 
state to 
county clerks. 
[Amended, 

P. L. 1903. 

p. 698.] 


Independent 

candidates. 


Procedure in 
case nominee 
declines. 
[Amended, 

P. L. 1903, 
p. 699-] 



30 


ELECTIONS. 


Provision 
for filling 
vacancy when 
nominee dies, 
declines, etc. 
[Amended, 

P. L. 1903. 
p. 699.] 


retary whose names are attached to the original certifi¬ 
cate of nomination, if the nomination was by certificate, 
that such nomination has been declined; or if the nomi¬ 
nation was by petition, then the officer to whom the 
notification or declination is given shall forthwith, by 
mail or otherwise, inform at least five of the persons who 
signed the petition nominating such candidate that such 
nomination has been declined. 

45. Should any person so nominated die before elec¬ 
tion day or decline the nomination as in this act pro¬ 
vided, or shall any certificate or petition of nomination 
be insufficient or inoperative, the vacancy or vacancies 
thus occasioned may be filled in the manner required for 
original nominations; if the original nomination was 
made by a party convention which had delegated to a 
committee the power to fill vacancies, such committee 
may, upon the occurring of such vacancies, proceed to 
fill the same; the chairman and secretary of such com¬ 
mittee shall thereupon make and file with the proper 
officer a certificate setting forth the cause of the vacancy, 
the name of the person nominated, the office for which 
he was nominated, the name of the person for whom the 
new nominee is to be substituted, the fact that the com¬ 
mittee was authorized to fill vacancies, and such further 
information as is required to be given in any original 
certificate of nomination; the certificate so made shall 
be executed and sworn to by the chairman and secretary 
of such committee in the manner prescribed for the orig¬ 
inal certificate of nomination, and shall, upon being filed 
at least thirteen days before election, have the same force 
and effect as an original certificate of nomination; when 
such certificate shall be filed with the secretary of state, 
he shall, in certifying the nominations to the various 
county clerks, insert the name of the person who has thus 
been nominated to fill a vacancy, and in the event that 
he has already sent forward his certificate, he shall forth¬ 
with certify to the clerks of the proper counties the name 



ELECTIONS. 


31 


and description of the person so nominated to fill a 
vacancy, the office he is nominated for, the party or 
political principle he represents, and the name of the 
person for whom such nominee is substituted. 

46. All certificates of nomination which are in appar¬ 
ent conformity with the provisions of this act shall be 
deemed to be valid, unless objection thereto shall be duly 
made in writing and filed with the officer with whom the 
original certificate was field within two days after the 
filing of said certificates; (a) in case such objection is 
made, notice thereof signed by said clerk shall forthwith 
be mailed to all candidates who may be affected thereby, 
addressed to them at their respective places of residence 
as given in said certificate of nomination; the said officer 
with whom the'original certificate was filed shall in the 
first instance pass upon the validity of such objection, 
unless an order shall be made in the matter by a court 
of competent jurisdiction, and file his determination in 
writing in his office at least thirteen days before the 
election, which determination shall be open for public 
inspection, and the justice of the supreme court holding 
the circuit court in and for the county in which any cer¬ 
tificate of nomination shall be filed, on the application or 
complaint, duly verified, of any candidate setting forth 
any invasion or threatened invasion of his rights under 
the certificate of nomination filed with any county or 
municipal clerk, is hereby empowered and required to 
determine upon said application or complaint in a sum¬ 
mary way and make such order thereupon as will protect 
and enforce the rights of such candidates. (&) 


Objections to 
certificates of 
nomination, 
where filed. 
[Amended, 

P. L. 1903. 

p. 706.] 


Notice. 


Procedure, 


(а) Where a certificate of nomination is in apparent conformity with the 
provisions of this act, and no objection in writing is filed, the officer with 
whom the certificate is filed must treat it as valid. Hoos v. O’Donnell, 
31 Vr. 35. 

( б ) Query. —Is not this section so imperfect with respect to the power 
conferred upon the justice of the supreme court as to render its provisions 
entirely nugatory? In re Frederick Kraft, 22 New Jersey Law Journal 373 - 





32 


ELECTIONS. 


Names of 
candidates 
for president 
and vice- 
president may 
be printed 
on ballots. 


47. When electors for president and vice president of 
the United States are to be voted for, the names of the 
candidates for president and vice president, for whom 
the electors named in any certificate or petition are nomi¬ 
nated to vote, may be included in such certificate or 
petition; and when so included the names of such presi¬ 
dential and vice presidential candidates, together with 
the party names and political appellations, names of other 
candidates for any offices, if any, designated in the cer¬ 
tificate or petition, shall, be printed upon the ballot in 
the manner hereinafter directed. 


Official Ballots and Envelopes. 


Ballots 
furnished 
at public 
expense. 


Ballots to be 
provided. 


Arrangement 
of names. 


48. All ballots cast at any election shall (except as 
herein otherwise provided) be printed and distributed 
at public expense, and no ballots shall be cast or counted 
at any such election except such as are by this act pro¬ 
vided for. 

49. Except as in this act otherwise provided, separate 
printed ballots of the kind and description hereinafter 
directed shall be provided for each party or group of 
petitioners having candidates to be voted for at any 
election; the county clerk of each county shall provide 
said ballots in all cases where the names of any candi¬ 
dates to be voted for at any election to be held within 
his county are certified to him by the Secretary of State 
or included in any certificate or petition of nomination 
originally filed with him as such county clerk; in cases 
of election within and for a single municipality of any 
county where the certificate or petition of nomination 
is pursuant to this act to be filed with the clerk of such 
municipality, such municipal clerk shall provide said 
ballots; said county and municipal clerks in providing 
said ballots shall cause the same to be printed in manner 
and form following: The nominations of each party 



ELECTIONS. 


33 


or group of petitioners shall be printed on separate 
tickets underneath the title or name of the party or 
petitioners making such nominations, as designated by 
them in their certificate or petition, so that all the candi¬ 
dates of each party or group of petitioners shall be 
and appear on its own separate ticket or ballot, or if 
there be no designation of name or title be then under 
the title of "‘independent nominations;” such clerk shall 
not be required to print any name upon any ballot when 
such name was not included in any certificate or petition 
filed with him at least eight days before the election; all 
ballots prepared by any county or municipal clerk shall 
be printed with black ink on plain white paper, and shall 
be of uniform size, quality and type, and of such thick¬ 
ness that the printing thereon cannot be distinguished 
from the back of the ballot, and without any mark, 
word, device or figure thereon except as in this act 
provided; there shall be printed on each ticket the name 
of but one candidate for each office to be filled, designat¬ 
ing such office, and no ballot shall contain a greater 
number of names of persons, as designated tO' any office, 
than there are persons to be chosen to fill such office; 
^ whenever it shall be necessary to designate upon any 
official ballot the term of any office or offices to be filled 
at any election, such designation shall be printed on 
each ballot in a separate line beneath the title of such 
office, and in no case shall such designation of the term 
of any office be printed on the same line with the name 
of the candidate for such office. 

50. On the back of each of the said ballots to be pro¬ 
vided by the county or municipal clerks shall be printed 

the words “official ballot for-;” after the word “for” 

in each case shall follow the designation of the county, 
township, municipality, ward or other political division 
for which the ballot is prepared; then shall follow the 
date of the election and a fac-simile of the signature of 


[Amended, 
P. L. 1910, 
p. 124.] 


Character of 
ballot. 


Particular 
designation 
on separate 
line. 


What printed 
on back of 
ballots. 


3 ELEC 




34 


ELECTIONS. 


Number of 
ballots for 
each election 
district. 


Envelopes to 
be provided. 


Form and 
description 
of envelopes. 


What printed 
thereon. 


the county or municipal clerk by whom such ballot shall 
be prepared; the county or municipal clerk shall provide 
for each political party for each election district in his 
county or municipality, two hundred and fifty ballots for 
every one hundred, or fraction of one hundred, of the 
total votes cast therein at the last preceeding election for 
members of the general assembly; in cases of independ¬ 
ent nominations, or of nominations by any party, organ¬ 
ization or petitioners that cast no votes for any candidate 
or candidates at the last preceding election for members 
of the general assembly, the number of ballots to be pro¬ 
vided at public expense shall be equal in number to 
double the total number of votes cast in the election dis¬ 
trict or precinct at the last preceding election for mem¬ 
bers of the general assembly; when an election district 
shall be divided or the boundaries changed or a new dis¬ 
trict created, the county or municipal clerk shall ascertain 
as nearly as possible the number of voters in the new dis¬ 
trict and shall provide therefor a sufficient number of 
ballots in the above proportion. 

51. The said county and municipal clerks, in all cases 
in which they are required to provide the official ballots, 
shall also provide official envelopes of the size, kind and 
description hereinafter prescribed, wherein the ballots 
to be voted at such election shall be enclosed and voted 
as hereinafter directed; all such envelopes shall be of 
the same quality and kind of plain blue paper, so as to 
be readily distinguishable from official ballots, and shall 
be three inches in length by two and one-eighth inches 
in width, with the flap thereon ungummed; on the face 
of each of said envelopes shall be printed the words, 

“official envelope for-after the word “for” in- 

each case shall follow the designation of the county, 
township, municipality, ward or other political division 
for which the envelope is prepared; then shall follow the 
date of the election and a fac-simile of the signature of 




ELECTIONS. 


35 


the county or municipal clerk by whom such envelope 
shall be provided; there shall be no mark, word, figure 
or device of any kind placed on said envelopes, except as 
lierein directed; all printing on said envelopes shall be 
with blacK ink, in type of the same style and description, 
so that one envelope cannot be distinguished from an¬ 
other; there shall be provided for each election district 
so many official envelopes as will be equal to double the 
number of all the votes cast in such election district at 
the last preceding general election therein; the distribu¬ 
tion and use of such envelopes shall be confined exclu¬ 
sively to the polling-room, in the manner hereinafter 
directed; should any voter to whom any official envelope 
has been furnished, as hereinafter provided, spoil or 
render the same unfit for use, he may obtain another 
from the board of election on returning the one so spoiled 
or unfitted for use; but no more than two official envel¬ 
opes, one at a time, as herein provided, shall be furnished 
any voter; when an election district shall be divided, or 
the boundaries changed, or a new district created, the 
county or municipal clerk shall ascertain, as nearly as 
possible, the number of voters in such district or dis¬ 
tricts, and provide therefor official envelopes on the basis 
above-described. 

52. Whenever a question or proposition is to be sub¬ 
mitted to the people of the state or any political divi¬ 
sion thereof at any election, such proposition or other 
question shall be printed upon the ballot beneath the list 
of candidates thereon with the word “for” and the word 
“against” printed above and immediately preceding such 
proposition; if the word “for” be marked off or defaced 
upon the ballot it shall be counted as a vote against the 
same; if the word “against” be marked off or defaced 
upon the ballot it shall be counted as a vote in favor 
thereof, and in case neither the word “for” nor the word 
“against” be marked off or defaced upon the ballot it 


N umber 
and use of 
envelopes in 
each election 
district. 


Questions or 
pr9positions 
printed on 
ballots. 
[Amended, 

P. It . 1900, 
p. 303-] 


How 

canvassed. 



36 


ELECTIONS. 


When ballots 
to be 
ready for 
inspection. 


Error in 
printing, how 
corrected. 


[Amended, 
P. L., 1910, 

p. 118.] 


Receipts for 
same. 


shall not be counted as a vote either for or ag'ainst such 
proposition. 

53. All official ballots shall be printed and in posses¬ 
sion of the county or municipal clerk at least five days 
before the election and subject to inspection and exami¬ 
nation by the candidates and their agents; if any mis¬ 
take is discovered it shall be the duty of the county or 
municipal clerk to correct the same without delay, by 
causing new ballots to be immediately printed in plac.e 
of those found to be inaccurate or incomplete; and those 
found to be inaccurate or incomplete shall be immediately 
destroyed; whenever it shall appear that any error or 
omission has occurred in the printing of the ballots by 
any county or municipal clerk, any voter resident in the 
county or municipality may present to a justice of the 
supreme court a verified petition setting forth such error 
or omission; and said justice being satisfied thereof, 
shall thereupon summarily, by his order, require the 
county or municipal clerk to correct such error or show 
cause before said justice, at the shortest possible day, 
why such error should not be corrected. 

54. The county clerks of the several counties, not 
later than three days prior to any election for which 
they are required by this act to provide the ballots, 
shall cause to be delivered to the clerk of each township, 
city or other municipality within their respective coun¬ 
ties, the number of ballots and envelopes hereinbefore 
required to be provided for each election district within 
his township, city or municipality at such election; the 
same shall be sent in sealed packages, one for each elec¬ 
tion district of said township, city or other municipality, 
with marks or directions on the outside of each clearly 
stating the election district for which it is intended, to¬ 
gether with the number of ballots and envelopes in¬ 
closed ; receipts for ballots and envelopes thus delivered 
shall be given by the clerk receiving the same and filed 
with the county clerk, who shall also keep a record of 



ELECTIONS. 


37 


the time when and the manner in which each of said 
packages was sent; the said township or other clerk 
shall, on the day preceding any such election (but on the 
Saturday preceding, when such election occurs on a 
Monday), deliver, at his office, to one of the clerks of 
each election district within his township, city or other 
municipality, the ballot box, the ballots and envelopes 
by him received from the county clerk for such election 
district, and take the receipt of such election clerk there¬ 
for, which last mentioned receipt the clerk of such town¬ 
ship, city or other municipality shall file and preserve; 
said election clerk shall, on the morning of election and 
before the proclamation of the opening of the polls, 
deliver the ballot box, the packages of ballots and en¬ 
velopes by him received to the election board of his 
election district, with the seals thereof unbroken, and 
shall take a receipt therefor from said election board, 
which receipt said election clerk shall carefully preserve 
for at least one year. In case of elections within and 
for a single municipality of any county where, under 
this act, the ballots and envelopes are required to be 
provided by the clerk of such municipality, the duties 
by this section imposed upon the county clerk with ref¬ 
erence to the delivery of the ballots and envelopes shall, 
the necessary changes being made, devolve upon and be 
performed by the clerk of such municipality. 

55. If at any election the ballots to be funished there¬ 
for shall not be delivered at the time above mentioned, 
or if after delivery they shall be destroyed or stolen and 
other official ballots cannot be obtained in time for such 
election, the clerk of such township, city or other munici¬ 
pality, or the board of election, as the case may require, 
shall cause other ballots to be prepared as nearly in the 
form heretofore prescribed as practicable, but without 
the indorsement on the back thereof; and upon the re¬ 
ceipt of ballots thus prepared from the clerk of such 
township, city or other municipality, accompanied by a 


Delivery of 
ballots, etc., 
to clerks of 
election. 


Procedure 
on election 
morning. 


As to munici¬ 
pal elections. 


Proceeding in 
case official 
ballots and 
envelopes 
are lost, 
destroyed 
or stolen. 



38 


ELECTIONS. 


Ballots 
furnished 
to voters 
before 
election. 


Statement, under oath, of the person preparing the same, 
that the same have been so prepared and furnished be¬ 
cause the original ballots have so failed to be received or 
have been destroyed or stolen, and that other official 
ballots could not be obtained in time for such election, 
or where such board of election has caused such unofficial 
ballots to be prepared, the board of election shall cause 
the ballots so substituted to be used at the election; if 
from any cause neither the official ballot nor ballots 
otherwise prepared as herein prescribed shall be ready 
for distribution at any polling place, or if the supply of 
ballots shall be exhausted before the polls are closed, un¬ 
official ballots, made as nearly as possible in the form of 
the official ballot, may be used; where unofficial ballots 
are used in pursuance of this section they shall be in¬ 
closed in the official envelopes, if such envelopes are to 
be had, otherwise no envelopes shall be used; should the 
official envelopes provided for any election district be 
lost, stolen or destroyed, the official ballots, if such are 
being used at such election, shall be voted by folding the 
same so as to disclose the official stamp on the back 
thereof without inclosing the ballot in any envelope; 
where the use of the official ballots and envelopes, or 
either of them, is for any of the reasons aforesaid, dis¬ 
pensed with, the mode and manner of voting shall, 
nevertheless, in all respects conform as nearly as possible 
to the mode and manner of voting hereinafter prescribed. 

56. If any duly-qualified voter residing in any county 
or municipality shall, at least seven days before any 
election notify the clerk of such county or municipality 
in writing that such voter requires a specified number 
of the official ballots, not less than fifty in number, of 
any party organization or petitioners for an election dis¬ 
trict or districts to be designated, and requesting the 
same to be furnished him, it shall be the duty of such 
county or municipal clerk to cause such official ballots, to 
the number and for the election districts requested by 



ELECTIONS. 


39 


such voter, to be printed and ready for delivery to such 
voter or his agent, at the office of such county or munici¬ 
pal clerk, at least four days before the election at which 
said ballots are intended to be used; provided, that said 
county or municipal clerk shall not cause any ballots to 
be printed for any voter requesting the same to be fur¬ 
nished, unless at the time of delivery to him of the writ¬ 
ten notification and request for such ballots the voter 
presenting the same shall pay to such county or munici¬ 
pal clerk a sum of money sufficient to pay for the print¬ 
ing of the same, which money paid shall be used by said 
county or municipal clerk in payment for the ballots 
printed at the request of such voter. 

57. Such ballots so as aforesaid printed for and de¬ 
livered to any such voter may be distributed before elec¬ 
tion day, and the same may be voted by any voter desir¬ 
ing so to do under the restrictions and regulations here¬ 
inafter prescribed. 

58. If any ballot voted at any election shall have 
thereon, either on its face or back, any mark, sign, desig¬ 
nation or device whatsoever, other than is permitted by 
this act, whereby such ballot can or may be identified or 
distinguished from other ballots cast at such election, 
such ballot shall be absolutely void, and shall not be can¬ 
vassed or counted for any candidate named thereon; and 
if on the face or back of any envelope inclosing any bal¬ 
lot, there shall be any mark, sign, designation or device 
whatsoever other than is permitted by this act, whereby 
such envelope can or may be identified or distinguished 
from any other official envelope used at such election, the 
ballot inclosed in such envelope shall be absolutely void, 
and shall not be counted for any candidate named 
thereon, (a) 


Cost of 
printing paid 
by applicant. 


Distribution 
of purchased 
ballots. 


Distinguish¬ 
ing mark on 
ballot or 
envelope^ 
renders it 
void. 


(a) The provision that if a ballot have on it a distinguishing mark it 
shall be void, is not unconstitutional; the objection that the voter may 
thereby lose his vote by the fraud or neglect of those preparing the ballot 
is not sound. Jiansom v. Black, 25 Vr. 446. Fifty ballots cast in the Third 
district of the Thirteenth ward of Newark had on the back the designation 




40 


ELECTIONS. 


Eow voter 
may alter 
ballot. 


Ballot-boxes, 
by whom 
provided, and 
description 
thereof. 
[Amended, 

P. L. 1903. 

P- 627.] 


59. Nothing in this act contained shall prevent any 
voter from erasing from his ballot any name or names 
thereon printed, or from writing or pasting thereon the 
name or names of any person or persons for whom he 
desires to vote for any office or offices; the ink or lead 
pencil to be used in writing any name or names upon 
the ballots shall be black in color, and the use of any 
other colored ink or pencil shall invalidate the entire 
ballot; and all pasters used shall be printed with black 
ink on white paper only, and the use of any other kind 
or style of pasters shall invalidate the entire ballot. 


Ballot-Boxes. 

60. The board of chosen freeholders of each county 
shall provide and keep in good repair ballot-boxes for 
the use of each election district, which boxes shall be 
made at least one foot in depth, width and length meas- 

“Eiglith district, Thirteenth ward.” Held, that these ballots contained a 
designation by which they could and might be distinguished from other 
ballots cast at the election, and that they were properly rejected. Ulrich v. 
Freiensehner, 15 New Jersey Law Journal 74. The provision of the above 
section that a ballot which has upon it any distinguishing mark shall be void, 
overcomes and supersedes the common law rule with regard to ascertaining 
the intention of the voter by means of extraneous evidence in canvassing 
and counting the votes. Kearns v. Bdzvards, 17 New Jersey Law Journal 
51. Ballots cast in one voting precinct having an official endorsement, 
indicating that they were prepared for another precinct, should be rejected 
as marked ballots. Lippincott v. Felton, 32 Vr. 291. Where a person had 
written on certain ballots his own name in a blank space under the printed 
words “Chosen Freeholder,” it was held that the question as to whether 
such ballots were invalid as marked ballots was one of fact for the circuit 
court in proceedings under section 162, &c. Hackett v. Mayhew, 33 Vr. 481. 
The language of the 58th section and that of the 85th section show a clear 
legislative purpose to prevent a voter, or one acting for him, from placing 
upon a ballot any mark, sign, designation or device by which such ballot 
can be distinguished from any other ballot. But where a large class of 
ballots used have the same accidental or intentional mark or designation upon 
them, but for which mark or designation the voter is in no way responsible, 
such a ballot is not within the interdiction of the statute which makes a 
marked ballot void. It will not be presumed to be the legislative intent 
that the vote of the citizen shall be defeated by an act for which he was 
neither directly nor indirectly responsible. In re Election of Long Branch 
Commission, N. J. Lazv Journal, April, 1902, p. 115, Official ballots fur¬ 
nished to the electors by a municipal clerk under his construction of a 
statute of uncertain meaning, and endorsed with a facsimile of his signature, 
are not upon that account marked ballots. Bliss v. IVooley, 52 Atl. Rep. 835. 



ELECTIONS. 


41 


uring the same on the exterior thereof; and when new 
boxes are required may provide a ballot-box known as 
the “safety ballot-box,” of Camden, New Jersey; no 
sum in excess of twenty-five dollars shall be paid for 
each ballot-box; said ballot-box shall be so constructed 
as to have four glass sides, supported by four upright 
columns, and no bolts, screws or other attachments by 
which the box is held together shall be exposed on the 
outside; and the said ballot-box shall be secured by three 
patent locks, no two keys of which shall be alike; and 
these locks in turn shall be covered by an outer door, con¬ 
nected by a rod running to a dial in front of the box, 
which is sealed and in full view of the voter, so that each 
vote cast will be recorded in figures plainly visible in 
the front of the box; the said board of chosen freehold¬ 
ers shall also provide a sufficient number of additional 
boxes for the use of each election district at the primary 
elections provided for in this act, which additional boxes 
shall be at least one foot in depth, width and length, 
measuring the same on the exterior thereof, with four 
glass sides, and with an opening in the top for the re¬ 
ception of the ballots. 


Election Blanks and Books. 

61. The secretary of state shall, at the expense of the 
state, in all cases where the ballots are provided and 
furnished by the county clerks for any election, provide 
proper and sufficient canvassing-books, poll-books, reg¬ 
ister-books, copies of the election laws then in force, 
pamphlet of instructions for election officers and voters, 
blanks for the official oaths and for election returns for 
the proper carrying into effect the provisions of this act, 
and furnish a sufficient supply of the same to the clerks 
of the different counties of the state, for use in such 
counties, at least thirty days before the same shall be 


Additional 
boxes for 
primary 
elections. 


Election 
blanks, etc., 
furnished by 
secretary ot 
state. 


Distributed 
by secretary 
of state. 



42 


ELECTIONS. 


Djstrjbuted required for use; and the said county clerks shall cause 

clerks. the Same to be delivered to the different boards of regis¬ 

try and election in their respective counties at such 
times and in such quantity as will enable the provisions 
of this act to be fully carried out; provided, however, 
that the secretary of state shall forward to the county 
clerks of the several counties the necessary blanks for 
election returns for use at elections for justices of the 
peace, on or before the fifteenth day of February in each 
year, to be delivered by the said clerks to the several dis¬ 
trict boards of registry and election in their respective 
counties. 

Election 62. The clerk of every township, city and other mu- 

furniJhed^by nicipality shall provide and furnish for use at all local, 

municipal . . , , • i • 

cierkjor local municipal and special elections, all necessary canvassing- 
books, poll-books, registry-books, blanks for election re¬ 
turns, and all other blanks and supplies necessary for the 
proper carrying into effect the provisions of this act; and 
said clerk shall cause the same to be delivered to the 
boards of registry and election in each election district,, 
at such times as will enable the provisions of this act to 
be fully carried out. 


Challengers. 


Agents or 
challengers 
at polls, 
by whom 
appointed. 


[Amended, 

P. L. 1899. 

p. 166.] 


63, The chairman of the county committee of any 
political party that has duly nominated any candidate 
for public office to be voted for at any election by all 
the voters within said county or any political division 
thereof greater than a single municipality, or where the 
election is within and for a single municipality only, or 
any subdivision thereof, then the chairman of the com¬ 
mittee of the political party making such. nomination 
within and for such single municipality, or such division 
thereof, may appoint two agents for each election dis¬ 
trict in his county or municipality, as the case may be; 



ELECTIONS. 


4,3 


and any candidate duly nominated by petition for any 
office, whose name may appear upon the ballot to be 
used in any election, may likewise appoint two agents for 
each district; provided^ hozvever^ that only two agents 
shall be allowed for each election district to represent all 
the candidates nominated in and by the same petition or 
group of petitioners; such agents shall be the authorized 
agents and challengers for their respective parties and 
candidates, and shall be at liberty to challenge the right 
to vote therein of any person claiming such right; the 
appointment of agents shall be made in writing under 
the hand of the person making the appointment, and 
shall specify the names and residences of the agents and 
the election districts for which they are severally ap¬ 
pointed ; such appointment papers shall be filed with the 
county board of elections, five days before the election, 
who shall thereupon issue, under their hands, to the per¬ 
sons named in such appointment papers, permits for 
them to act as agents of their respective parties or candi¬ 
dates at the election district specified; such permits shall 
be filed by the persons named therein with the board of 
election in the district named therein, as evidence of their 
authority to be present in the polling place; and such per¬ 
mits may be issued and revoked and others issued in their 
stead at any time up to and including the day of election; 
provided, however, that when a permit shall be revoked, 
the new permit in the place thereof shall be issued upon 
the nomination of the same person or officer upon whose 
nomination the original permit was issued; said agents 
may be present inside the railed inclosure while the votes 
cast at any election at which they were agents are being 
counted, and hear and see said ballots counted. 


Their 

powers. 


How 

appointed. 


Permits 

issued. 


Agents 

present when 
votes are 
counted. 



44 


ELECTIONS. 


Method of Conducting Elections. 


District 
boards to 
conduct all 
elections. 


Custody of 
ballot-box 
keys during 
election. 


Proclamation 
on opening 
polls. 


Exhibition of 
ballot-box. 


Poll-book al 
election, by 
whom and 
how kept. 


64. The boards of registry and election shall, in their 
respective election districts, hold and conduct all general, 
municipal, local and special elections to be held through¬ 
out the state. 

65. At the opening of the election, each of the keys 
of the locks of the ballot-box shall be taken by a different 
member of the board, who shall keep the same until the 
statement of the result of the election shall be made and 
certified, as directed by this act, and who shall not during 
that time suffer either of the other members of the board, 
or any other person, on any pretense, to take or have the 
same; and in all cases in which the members of such 
board are directed to lock the ballot-box, each of the 
locks thereof shall be locked by the member of the board 
who shall have the key belonging thereto, as directed 
by this act. 

66. The boards of registry and election, before they 
receive any vote, shall make public proclamation of the 
opening of the election, and of their readiness to receive 
the votes of the voters; immediately before proceeding 
to receive the votes, such board shall, in an open and 
public manner, exhibit the ballot-box, so that those pres¬ 
ent may see that there is nothing contained therein, and 
thereupon shut and lock the same, leaving open the aper¬ 
ture in the lid thereof, and thereupon the election shall 
be opened. 

67. One of the members of the board acting as clerk 
of election, to be designated by the judge, shall keep 
at such election a poll-book, in which he shall record the 
names of the persons whose votes shall be received, in 
the order in which they shall be received, and shall as he 
records such names number the same from one onward, 
until the election shall be closed; and such clerk shall 
write a heading to the list of names so recorded in the 



ELECTIONS. 


45 


following or like form: **Names of voters at an election 

held in the - district of-, in the county of 

—, on the-day of --, in the year of 

our Lord one thousand-hundred and-, for 

— (naming the offices to be filled), and filling up 
the blanks in the form above given to conform to the 
facts of the case. 

There shall be entered on the poll-book the place of 
residence of each person voting; and every person at 
the time of offering his vote shall truly state the street 
in which he resides, and if the house, lodging or tene¬ 
ment in which he resides is numbered, the number 
thereof; and in case of refusal to make the statement 
aforesaid, the vote of such person shall not be received; 
the other member of said board acting as clerk of elec¬ 
tion to be designated by the judge shall keep the register 
on the day of election, checking off the names written 
thereon when the voters deposit their ballots, and after 
the canvass of the votes the register so kept and checked 
shall be filed by him with the clerk of the county, and the 
poll-book shall be deposited in the ballot-box as herein 
required, and the keys of each ballot-box deposited with 
the county clerk. 

68 . Every person qualified to vote in any election shall 
at any time after the opening of the same, except during 
any period for which the board of election shall have 
adjourned, be at liberty to claim his right to vote therein 
in such district, and such person shall claim such right 
in person before such board; and on such claim being 
made, one of such board shall audibly and publicly an¬ 
nounce the name of the claimant; and the ballot of such 
'Claimant shall remain in his own hand until such board 
shall have decided to receive the same. 

69. Every person possessing the qualifications re¬ 
quired by the constitution, and being duly registered as 
required by this act, shall be entitled to vote in the 


Register, 
how kept. 


Register, 
poll-book 
and keys, 
where 
deposited. 


Who may 
vote. 


Where to 
vote. 












46 


EIvECTIONS. 


Freedom 
from arrest. 


Who dis¬ 
qualified by 
reason of 
crime. 


Challenge 
for crime. 


Penalty for 
convicted 
person 
voting. 


election district in which he actually resides, and not 
elsewhere, (a) 

70. No person who shall have a right to vote at any 
election shall be arrested by virtue of any civil process 
on the day on which such election shall be held. 

71. No person shall be entitled to vote who shall have 
been convicted of any crime which excludes him from the 
right of suffrage under the constitution of this state^ 
viz., blasphemy, treason, murder, piracy, arson, rape^ 
sodomy, or the infamous crime against nature com¬ 
mitted with mankind or with beast, polygamy, robbery^ 
conspiracy, forgery, larceny of above the value of six 
dollars, perjury or subornation of perjury, unless he 
shall have been pardoned or restored by law to the right 
of suffrage; if a person be challenged as convicted of 
any of the above named crimes, he shall be required to 
answer in relation to such alleged conviction; and if 
he shall admit that he has been so convicted, he shall not 
be permitted to vote unless he shall make oath that he 
has been pardoned or restored by law to the right of 
suffrage; but if he shall deny that he has been so con¬ 
victed, no proof of such conviction shall be received^ 
other than the duly authenticated record thereof, except 
such proof as may be necessary to establish his identity 
with the person named in such record, or may be ad¬ 
duced by him to rebut the evidence of identity produced 
on behalf of the challenge; but if any person so con¬ 
victed shall vote at any such election, unless he shall 
have been pardoned or restored by law to the right of 
suffrage, he shall be deemed guilty of a misdemeanor, 
and on conviction thereof shall be punished by a fine not 
exceeding two hundred dollars, or imprisonment at 
hard labor not exceeding two years, or both. 

(a) This section will not be held to disfranchise voters who vote at a 
polling place selected and advertised by the proper officers as the polling 
place of the district in which such voters reside, notwithstanding the place 
so selected, but at which the election is otherwise lawfully held, is outside 
the territorial limits of the election district for which it is provided, no 
fraud or other harm being shown. Otis v. Lane, 54 Atl. Rep. 442. 



EIvECTIONS. 


47 


72. The members of the boards of registry and elec¬ 
tion, respectively, shall, at such election, challenge every 
person who shall claim to have a right to vote therein, 
whom they shall know, suspect or believe not to be 
qualified or entitled to vote therein. 

73. If any person shall be challenged, as not qualified 
or entitled to vote, and the person challenging him shall 
specify a ground for such challenge to be that the person 
so challenged is an alien, the judge of election may forth¬ 
with tender to him an oath or affirmation, in the follow¬ 
ing form: 

‘‘You do swear (or affirm, as the case may be), that 
to the best of your knowledge, information and belief, 
you were born a citizen of the United States, and that 
you do not owe allegiance to any foreign prince, poten¬ 
tate, state or sovereignty;” and if the person so chal¬ 
lenged shall refuse to take the oath or affirmation so 
tendered to him,-he shall be deemed and taken to be an 
alien, unless he shall produce at the time of claiming 
his vote, to such board, a lawful certificate, issued out 
of and under the seal of some court of record, having 
authority to admit aliens to the rights of a citizen of the 
United States, showing, in case the person producing 
the same shall claim to be the person named therein, 
that he has been admitted to the rights of a citizen of 
the United States, or, in case the person producing the 
same shall claim to have derived the rights of such citi¬ 
zen through the naturalization of his parent, then that 
the person alleged to be such parent has been admitted 
to the rights of such citizen; and in the former case the 
said judge shall tender to the person so challenged an 
oath or affirmation in the following form: 

“You do swear (or affirm, as the case may be), that 
you are the person named in the certificate of naturali¬ 
zation which you have produced to the boardand in 
the latter case, an oath or affirmation, in the following 
form: 


When 
members 
of district 
board shall 
challenge. 


Challenge as 
an alien. 






48 


ELECTIONS. 


Challenge as 
not qualified 
or entitled 
to vote. 


How board 
may satisfy 
themselves 
regarding 
one’s right 
to vote. 


“You do swear (or affirm, as the case may be), to the 
best of your knowledge, information and belief, that 
the person named in the certificate of naturalization 
which you have produced to this board was your parent, 
and that you were at the time of the naturalization of 
your parent under the age of twenty-one years, and 
resident in the United Statesand if the person so chal¬ 
lenged S)hall in either case, refuse to take the oath or 
affirmation so tendered to him, he shall be deemed and 
taken to be an alien. 

74. If any person-shall be challenged, as not qualified 
or entitled to vote, the said judge may forthwith tender 
to the person so challenged an oath or affirmation, in 
the following form: 

“You do swear (or affirm, as the case may be), that 
you are a citizen of the United States; that you have 
resided in this state one year, and in this county five 
months next before this election, and not elsewhere; 
that you are now a resident in this election district; 
that, as far as you know and verily believe, you are 
twenty-one years of age, and in all respects qualified to 
vote in this election, in this election district, and that 
you have not voted elsewhere in this election;” and if 
the person so challenged shall refuse to take the oath or 
affirmation so tendered to him, he shall be deemed not 
to be qualified or entitled to vote. 

75. The board of registry and election shall in no 
case receive the vote of any person, unless they shall be 
satisfied that such person is in all respects qualified and 
entitled to vote; and, for the purpose of satisfying them¬ 
selves as to the right of any person who shall claim a 
right to vote, they shall have power to examine such 
person, and any other person or persons, under oath or 
affirmation, touching such right, except as hereinbefore 
restricted; and if any member of such board shall re¬ 
ceive, or assent to receive, the vote of any person chal¬ 
lenged, without requiring such person to take the oath 



ELECTIONS. 


49 


or affirmation hereinbefore prescibed to be made upon 
such challenge, and such person shall not be qualified and 
entitled to vote, such member so receiving or assenting 
to receive such vote shall be deemed and taken to have 
received the same knowing it to be illegal. 

76. Upon any question or challenge of a voter duly 
registered it shall be the duty of the board of registry 
and election, and the privilege of all its members, to put 
all such questions as are proper to determine the right 
of such voter to vote; and the question as to the admis¬ 
sion of this vote shall be put in the following form: 
“Shall this voter's ballot be received by this board?" 

77. Whenever, before the close of the election, an 
adjournment shall be ordered by the said board, they 
shall state in the poll-book, immediately after the last 
name therein, in words, written at full length, the whole 
number of the names of the voters in the poll-book, to 
which the members of such board shall sign their names; 
and shall unlock and open the ballot-box, place and se¬ 
cure the bar or bolt in the lid thereof, in such manner 
as to prevent the insertion in the ballot-box of any ballot 
or other thing, place therein the poll-book and shut and 
lock the same; and when the period of adjournment 
shall have expired, such board shall unlock and open 
the ballot-box, take therefrom the poll-book, remove 
such bar or bolt, so as to leave open the aperture in the 
lid thereof, and shut and lock the same; and during 
every such adjournment the ballot-box shall remain in 
the possession and under the care of one or more mem¬ 
bers of such board, to be appointed by such board for 
that purpose, who shall keep the same, during such ad¬ 
journment, in public view. 

78. The clerks of the several townships, cities or other 
municipalities, charged with the duty of providing in 
each election district a suitable room in which to hold the 
election shall have constructed therein and ready for use 
before each election day, booths or compartments with 

4 ELEC 


Board to 
question 
challenged 
I)erson. 


Proceedings 
on adjourn¬ 
ment before 
close of 
election. 


Polling- 
booths; how 
constructed 
and 

furnished. 



50 


ELECTIONS. 


Lccation of 
ballot-boxes 


Who allowed 

within 

inclosnre. 


swinging doors, so arranged that some part of the per¬ 
son of the voters standing in said booths may be seen 
from the outside of the booths when the door is closed; 
in which booths voters shall prepare their ballots secretly 
and screened from the observation of others; each booth 
shall contain a counter or shelf suitably placed to enable 
voters to place their ballots thereon while preparing the 
same for voting; the number of such booths shall not be 
less than one for every one hundred votes cast at the 
next preceding general election held in such district, and 
not less than two such booths shall be provided in any 
polling place; said booths shall be erected within a railed 
inclosure separating the same from the remainder of the 
room; not more than one person, except as hereinafter 
provided, shall be permitted to enter or be in the same 
booth at one time; the said booths shall be so arranged 
and constructed that all the officers conducting the 
election can see whether more than one person enters 
or is in any booth at the same time; each booth shall be 
kept provided by said election board with a sufficient 
supply of official ballots of each party, organization or 
set of petitioners, and with lead pencils; the ballot- 
boxes at every polling-place shall be within said railed 
inclosure, and so placed that the voter may deliver his 
ballot to the election officers after emerging from the 
booth, before leaving the railed inclosure within which 
the booths and ballot-boxes are placed; such railed in¬ 
closure shall be provided with a single entrance, by 
which voters shall enter, and a single exit by which they 
shall leave the same; said booths shall be at all hours 
well and sufficiently lighted to enable voters to read 
and prepare their ballots with ease; except as in this 
act otherwise provided, no person shall be allowed 
within said railed inclosure while the election is in 
progress, other than the election officers and voters en¬ 
tering the same for the purpose of preparing their ballots 
and voting at such election; but not more than two of 



ELECTIONS. 


51 


such voters in excess of the total number of booths shall 
be allowed within such railed inclosure at one time; 
and no person shall be allowed or permitted to be present 
in the polling-room outside such railed inclosure during 
the progress of the election, except the officers connected 
with the election, the several candidates, the duly-author¬ 
ized agents of the candidates of political parties, such 
voters as are present for the purpose of voting, and 
such officers as may be duly detailed to be present, pur¬ 
suant to this act, for preserving the peace or enforcing 
the provisions hereof; after the hour fixed for closing 
the polls no voter shall be admitted within the railed 
inclosure, but voters already within such inclosure shall 
be permitted to prepare and cast their ballots; the ar¬ 
rangement of such polling-place shall, as to said railed 
inclosure, and the entrance thereto and exit therefrom, 
and the location of the booths and ballot-box within 
such inclosure, be substantially as shown in and by 
schedule A and forming a part hereof. 


Who allowed 
in polling- 
room outside 
of inclosure. 


Who may 
vote after 
hour for 
closing polls. 



52 


ELECTIONS. 


Plan for 
polling-room. 


Voter sup¬ 
plied witn 
ballots 
and one 
envelope. 


79. SCHEDULE A. 

Polling-room. 


Compartments. 


bi> 

C 


’ca 




Entrance. 


&b 

c 





Ballot-box. 


Exit. 


'nj 

OS 


80. Immediately on entering said railed inclosure, and 
before entering any booth, each voter shall be furnished 
by the inspector of election, to be stationed in close prox¬ 
imity to the entrance of said railed inclosure, with one 
of each of the official ballots provided for said election, 
and with one, and only one, of the official envelopes 
provided for such election; provided, that in those cases 
where, by the provisions of this act, a sufficient number 
of official ballots for that purpose shall not have been 
delivered to the board of election by the county or mu¬ 
nicipal clerk for any organization, party or group of 
petitioners, it shall be lawful for such organization, 

















EI.ECTIONS. 


53 


party or group of petitioners to deliver to the board of 
election official ballots, in number sufficient to furnish 
one of such ballots to each voter; and it shall then be 
the duty of such board of election to provide each voter 
with such ballots in the manner provided for in this sec¬ 
tion ; no person shall be permitted to vote at said election 
until after he shall have received said ballots and en¬ 
velope in manner aforesaid, and carried the same with 
him into one of the booths; having obtained said bal¬ 
lots and envelope, the voter shall, with the same in his 
possession, without delay and without leaving said railed 
inclosure, retire alone to one of said booths and enter the 
same and close the door thereof, and remain therein 
such length of time, not exceeding five minutes, until he 
shall have inclosed in said official envelope the ballot 
he intends voting, in such manner as to conceal all 
printing, writing or pasters on the face of said ballot, 
whether said ballot was procured from said election 
officer, or within said booth or elsewhere; on leaving 
the booth the voter shall forthwith, and before leaving 
said railed inclosure, deliver his ballot, inclosed in said 
envelope as aforesaid, unsealed, but with the flap 
thereof turned down so as to conceal the ballot therein, 
to the judge of election at the ballot-box, who shall im¬ 
mediately deposit the same in the ballot-box in the pres¬ 
ence of the voter; after which the voter shall, without 
unnecessary delay, leave the polling-room; and no bal¬ 
lot (except as in this act otherwise provided) shall be 
counted unless the same shall be inclosed in an unsealed 
official envelope, in the manner herein prescribed; pro¬ 
vided, that in no case shall the ballot be deposited by 
such judge until the board of election shall have decided 
to receive the same; nor shall the ballot or envelope, in 
any case, be by any member of said board opened, 
marked or examined, or permitted to be opened, marked 
or examined, before the same shall be deposited in the 


Duty of 
voter after 
receiving 
ballots and 
envelope. 


Duty of 
board as 
to ballots 
received. 




54 


ELECTIONS. 


Proceedings 
in case voter 
is blind or 
disabled. 


Name of 
person voted 
for not to be 
divulged. 


Disability not 
to include 
intoxicated 
persons, etc. 


Proceedings 
when voter’s 
name is 
already 
checked off. 


ballot-box; and each envelope inclosing a ballot shall be 
separately deposited in the ballot-box. 

8 1. Any voter at any election who declares under oath, 
and establishes to the satisfaction of a majority of all 
the members of the board of election, that by reason of 
blindness or other physical disability, he is unable to 
enter and remain in a booth or to prepare his ballot 
therein, for voting as aforesaid, without assistance, shall 
be permitted to bring with him to such booth a person of 
his own selection, who may retire with such disabled 
voter to the booth and assist him in the preparation of 
his ballot and inclosing and folding the same in the said 
envelope as the disabled voter shall direct, in order that 
it may be cast by such disabled voter as his ballot; the 
poll-clerk shall make a memorandum on the poll-book 
of every instance when an oath was administered to a 
voter as herein provided, stating briefly what facts were 
sworn to, and the name of the person or persons who 
aided the voter in preparing his ballot; no voter shall 
divulge to any one within the polling-place the name 
of any candidate for whom he intends to vote; nor shall 
he ask for and receive the assistance of any person 
within the polling-place in the preparation of his ballot 
except as prescribed in this section; no person who 
assists a voter in the preparation of his ballot, as herein 
provided, shall reveal to another the name of any candi¬ 
date for whom the voter has voted, or anything that 
took place while he was assisting such voter in pre¬ 
paring said ballot for voting; this section shall not aj>- 
ply to the case of any person intoxicated or unable to 
read and write. 

82. When any legal voter shall apply to the board of 
registry and election in the district in which he resides, 
and shall find that his name upon the registry list is 
already checked as having voted, it shall be lawful for 
the board of registry and election to receive his vote, 



ELECTIONS. 


55 


upon due proof to them that he is a lawful voter in such 
district and has not voted in said election. 

83. The boards of election of every election district 
shall preserve the peace and maintain good order in 
their respective polling-places, during the progress of 
all elections and the counting of the votes cast thereat, 
and to that end each member of every election board, 
during the progress of any election and the counting 
and canvassing of the votes, shall be and hereby is in¬ 
vested and charged with all the powers and duties of 
constables of this state in crirhinal matters; said elec¬ 
tion boards, or any two members of them, may, by writ¬ 
ing under their hands whenever in their opinion it shall 
be necessary so to do, request the municipal authorities 
of any municipality within which their election district 
is situate, or the body or officer having charge and direc¬ 
tion of the police force in such municipality, to detail 
one or more policemen to assist in preserving the peace 
and good order in and about such polling-place, which 
request shall forthwith be complied with as far as possi¬ 
ble by the body or officer to whom the same is made. 

84. No member of any board of registry and election 
shall be elected to any office to be filled at the election 
in which he shall serve; and if any such member shall 
be voted for in any such election, the person or persons, 
to the number to be elected therein, who shall, by law, 
be qualified for the office or offices to be filled at such 
election, for whom the greatest number of votes shall 
have been given therein, other than such member, shall 
he deemed and taken to be elected, and the votes which 
shall be given to such member shall be deemed and taken 
to be null and void. 


Preservation 
of peace and 
good order 
at the polls. 


Member of 
board not 
eligible to 
elective 
office. 




56 


ELECTIONS. 


Local or Charter Elections in Townships and Munici¬ 
palities Other than Cities. 


Act to apply 
to all general 
and city 
elections. 


Provisions 
as to local 
Booths to be 
provided, 
elections— 
townships, 
boroughs, 
etc. 


No official 
ballots re- 

? uired, but 
urnished 
by candi¬ 
dates. 


85. The provisions of this act relating to the nomi¬ 
nation of candidates and the use of official ballots and 
envelopes shall apply to all general elections throughout 
this state and to the charter, local or special elections in 
all of the cities of this state, but shall not apply to any 
township, local or municipal election in any township, 
town (a), borough or other municipality of this state; 
but every township, local or municipal election in any 
township, town, borough or municipality, other than 
cities, shall be held and conducted in the following man¬ 
ner : The clerk of every such townhship, town, borough 
or other municipality shall, before election day, arrange 
the room by him provided for such election with booths, 
and railings, in all respects as is required in and by this 
act; the ballots to be used at such elections shall not be 
official, but shall be furnished or provided by candidates 
or other interested parties; such ballots shall be printed 
with black ink on plain white paper, after the manner 
and style hereinbefore provided; it shall and may be 
lawful for any voter at such election to erase from his 
ballot any name or names thereon printed, and to write 
or paste thereon the name or names of any person or 
persons for whom he may desire to vote for any office; 
the ink or lead pencil to be used in writing any name or 
names upon the ballots to be black in color, and the use 
of any other colored ink or pencil shall invalidate the 
entire ballot; all pasters shall be printed with black ink 
on white paper, and the use of any other kind or style 


(a) By an amendment the provisions of the act do now apply to the 
charter, local, municipal and special elections in all of the cities and towns 
of this state and in all other municipalities of this state having a population 
of more than 8,000 inhabitants according to the last state or federal census. 
See sec 234 post. 



ELECTIONS. 


57 


of paster shall invalidate the entire ballot; for said 
election such clerk shall provide and furnish, at the ex¬ 
pense of the township or municipality, official envelopes 
of the size, color and style hereinbefore mentioned; said 
envelopes shall have printed upon the face thereof the 

words “official envelope for -after the Avord 

“for” shall follow the designation of the township or 
other municipality for which the envelope is prepared; 
then shall follow the date of the election and a fac-simile 
of the signature of such clerk; the distribution and use 
of such official envelope shall be confined exclusively to 
the polling-room, in the manner hereinafter directed; 
such clerk shall provide, and on the day preceding the 
election furnish to some member of the board of registry, 
and election of each election district in every such town¬ 
ship or municipality, so many official envelopes as will be 
equal to double the number of all the votes cast in such 
election district at the last preceding election therein; 
which envelopes so furnished shall be by the officer re¬ 
ceiving the same delivered to the board of registry and 
election on the day of election, before the opening of the 
polls; it shall be lawful for any candidate or other person 
at any such election to deliver to the board of registry 
and election the ballots of any party or faction having 
candidates to be voted foi* at such election; which ballots 
so supplied, the board of registry and election shall re¬ 
ceive and cause to be furnished to each voter, together 
with the official envelope; if on the face or back of any 
ballot or envelope inclosing any ballot, there shall be any 
mark, sign, designation or device whatsoever, other than 
is permitted by this act, whereby such ballot or envelope 
can or may be identified or distinguished from any other 
ballot or envelope used at such election, the ballot in¬ 
closed in such envelope shall be absolutely void and not 
counted for any candidate named thereon;(a) the con- 

(o) For authorities as to what ballots and envelopes shall be deemed 
marked, &c., see note (a) to section $8 ante. 


Official 
envelopes 
required; 
liow pro¬ 
vided. 


Distinguish¬ 
ing mark on 
ballot or 
envelope 
renders 
same void. 


Ballots, how 

canvassed, 

etc. 





58 


ELECTIONS. 


duct of such election, the manner of voting, and of count¬ 
ing and canvassing the votes cast, shall conform in all 
respects to the provisions of this act regulating the gen¬ 
eral election, and shall be subject to all the restrictions, 
conditions and penalties applicable thereto. 


Canvassing the Vote. 


Statement in 
poll-book at 
close of 
voting. 


Ballots, how 
counted and 
strung. 


86. In all elections held pursuant to this act before 
proceeding to estimate and canvass the votes which shall 
have been received the clerk of the board of election keep¬ 
ing the poll-book shall state therein, immediately after 
the last name, in words written at full length, the whole 
number of the names of the voters in the poll-book, in the 
following or like form : ‘‘The whole number of the names 
of the persons whose votes have been received during this 

election is-filling up the blank to conform to the 

fact; and the members of such board shall sign their 
names thereto. 

87. Such board shall thereupon unlock and open the 
ballot-box; the envelopes containing the ballots shall 
then be taken singly and separately thereifom oy me 
judge of election, who shall remove the same from the 
envelope, and while each ballot shall remain in his hands, 
he shall audibly and publicly read the same; and before 
taking another ballot from the box, shall deliver the 
ballot open with the official envelope to the inspector, to 
be examined and numbered; the inspector shall take and 
examine the same; and thereupon if he shall be satisfied 
that the same has been correctly read, write on the back 
thereof the number of such ballot from one onward, in 
the order in which the same shall have been taken from 
the box, and shall write a corresponding number upon 
the envelope from which the same was taken; the ballot 
shall then, before another envelope is opened, be returned 
to the envelope wherefrom it was taken; the inspector 




ELECTIONS. 


59 


shall string the envelope and ballot as one ticket in the 
order in which the same shall be taken from the box and 
numbered, by means of a needle and twine to be pro¬ 
vided for that purpose. 

88. The clerks of such board, under the inspection and 
direction of such board, shall each make a list of the 
names of all persons for whom one or more votes shall 
have been given, designating the office which such per¬ 
son shall be voted for; and as each ballot shall be read 
he shall write the figure “i” opposite the name of each 
person whose name shall be contained therein, as desig¬ 
nated for any office; when all the votes which shall have 
been received shall have been read, examined, numbered 
and strung, as above directed, such board shall carefully 
and truly cast up the votes given for each person for any 
office to be filled at such election. 

89. No member of any board of registry and election 
shall sign any returns of election until after the com¬ 
pletion of the counting of votes, and his personal exam¬ 
ination of the tally-sheets to determine the results; the 
counting of the votes shall commence immediately upon 
the closing of the polls on the day of election; the board 
shall proceed to read and count the votes received, and 
shall complete the same without delay and without ad¬ 
journment, and after completing the same shall audibly 
and publicly announce the result thereof, particularly 
specifying the whole number of the voters in the poll- 
book, the name of each person for whom any vote shall 
have been given for any office to be filled by such elec¬ 
tion, and the number of votes given for each person for 
the office designated for him by said votes; the counting 
of all ballots at any election shall be open and public, but 
not to the extent that the number present shall hinder, 
delay or inconvenience the election officers in counting 
the ballots and ascertaining the result. 

90. The decision of a majority of the board of reg¬ 
istry and election on any question shall be deemed and 


Clerks to 
keep tally- 
sheet. 

Board to cast 
up votes. 


Signing 
returns, ex¬ 
amination 
of tally- 
sheets, and 
announce¬ 
ment of 
result. 


Majority to 

decide 

questions. 




6o 


ELECTIONS. 


Dissent may 
be recorded. 


What ballots 
wholly void. 


Rejected 

ballots. 


What ballots 

partially 

void. 


taken to be the decision of such board, and final; and if 
any member of such board shall dissent from any decis¬ 
ion of the same, and shall desire to protect himself from 
the consequences which may result from such decision, 
it shall be lawful for such member to record his dissent, 
in cases relating to registration, in the register, and in 
all other cases, in the poll-book of such election, signing 
his name to such record with his own hand, and unless 
he shall do so, he shall be deemed and taken to have as¬ 
sented to the decision so made. 

91. If, in canvassing and estimating the votes, the 
number of ballots shall be found to exceed the number of 
the names of the voters in the poll-book, then the ballots 
which shall remain in the box, after canvassing and es¬ 
timating as many ballots as there are such names, shall 
be deemed and taken to be null and of no effect; if on 
opening any envelope it shall be found to contain more 
than one ballot, or if any ballot shall be wholly blank, 
then and in every such case such ballots shall be deemed 
and taken to be null and of no effect;(a) and in every 
case in which a ballot shall be declared null and of no 
effect, the same shall not be canvassed, estimated or 
numbered, but all such ballots shall be returned to the 
envelope wherein they were found, and on the face of 
such envelope shall be written the words “rejected bal¬ 
lot;” and the said envelope and ballot shall then be 
strung in the same manner in which the other envelopes 
and ballots are directed to be strung, but on a different 
twine. 

92. If, in canvassing and estimating the votes, any 
ballot or ballots shall be found to contain more names 


(a) Where each of thirty-five envelopes contained two ballots, or slips of 
paper, one headed “Municipal Ticket” and the other headed “Regular Repub¬ 
lican Nominations,” both of which were indorsed by the town clerk as 
official ballots, the judgment of the trial court that both of these ballots 
should be counted as one was reversed by the court of errors, and it was 
held that the language of the above section prohibited the court as well as 
all other election officers from counting such ballots. Chandless v. Day, 
27 Vr. 682. 



ELECTIONS. 


6 i 


for any office than there are persons to be elected to fill 
such office, then in every such case the ballot or ballots 
shall be deemed and taken to be null and of no effect, so 
far as respects the office for which there are more names 
than there are persons to be elected to fill such office, and 
no further. 

93. At every election the person or persons, to the 
number to be elected therein, who shall by law be quali¬ 
fied for the office or offices to be filled at such election, 
and for whom the greatest number of votes shall have 
been given therein for such office or offices, shall be 
deemed and taken to be elected to such office or offices; 
and whenever an equal number of votes shall have been 
given to two or more persons to fill any office for which 
they shall by law be qualified, the said office shall be 
deemed and taken to be vacant. 


Statement of Result of Election. 

94. In every township or municipality (other than 
cities) containing but one election district, the members 
of the district board of election conducting any town¬ 
ship, local or charter election therein shall, upon the 
close of the election, ascertain and determine what offi¬ 
cers have been elected, sums of money voted, or propo¬ 
sitions adopted, and the result of the election in all other 
particulars; in every township or municipality contain¬ 
ing more than one election district the members of the 
district boards of election conducting any such election 
shall meet on the day after holding the same, at the hour 
of twO' o’clock in the afternoon, at the polling place in the 
district in which the township or municipal clerk may re¬ 
side, and when so met shall ascertain and determine in 
like manner the result of said election in said township 
or municipality; provided, that when such township or 
municipality contains more than two election districts, 


Plurality 
of votes 
sufficient 
to elect. 


Hlqual vote 
renders office 
vacant. 


Determina¬ 
tion of 
result of 
election. 
[Amended, 
P. D. 1905. 
P- S07.] 


Returns 
canvassed 
next day. 


F'roviso. 




62 


ELECTIONS. 


Duplicate 
statements of 
result to be 
made in state 
and county 
elections. 


Form thereof 


two members only from the board of election of each 
district, to be designated by the board, shall meet in like 
manner and ascertain the result of said election as above 
provided; such determination shall be written out and 
signed by the election officers making the same, and 
forthwith delivered to and filed by the township or 
municipal clerk. 

95. In all elections which shall be held for state and 
county officers, the board of registry and election shall 
make duplicate statements of the result thereof, and cer¬ 
tificates to the same, in the following or like form: 

“A statement of the result of an election held in the 

-election district of the-of-in the 

county of-, on the-^— day of November, in 

the year of our Lord one thousand eight hundred and 

-, for a member of the senate, members of the 

general assembly, a sheriff and three coroners, for said 
county; (or as the case may be.) 

The whole number of names on the poll-list is-; 

The whole number of ballots rejected is -; 

For member of the senate. 



received 

votes 


received 

votes 

For members of the general assembly. 



received 

votes 


received 

votes 

For sheriff. 

received 

votes 


received 

votes 

For coroners. 

received 

votes 


received 

votes 


We do certify that the foregoing is a true, full and 
correct statement of the result of the election above men¬ 
tioned, and that the same exhibits the whole number of 











ELECTIONS. 


63 


the names on the poll-book and of the ballots rejected, 
the name of each person for whom any vote or votes 
were given for any office designated for him in such vote 
or votes, and the number of votes given for each person 
for the office or offices as designated for him. 

In witness whereof, we have hereunto set our hands, 

this-day of November, in the year of our Lord 

one thousand eight hundred and-. 

1 Board of 
^ Registry and 
I Election.” 


Making under each head a list of the names of all the 
persons for whom any vote or votes were given for the 
office or offices designated therein; and stating opposite 
to the same, in words written at full length, the number 
of votes given for each person for such office or offices, 
and filling up all other blanks in the form above given 
to conform to the facts of the case; and in every other 
election, the board of registry and election shall make 
statements of the result thereof, and certificates to the 
>same, in a form similar to that above given, as far as 
the nature of such election will admit. . 

96. The judge of election, or such one of their num¬ 
ber as the board of registry and election shall designate, 
shall, within two days next after election, deliver 
or safely transmit one of said statements of the result 
of such election to the clerk of the county, who shall 
forthwith file the same; and whenever an election shall 
be held for senator, members of assembly or for any 
county, township, city or other municipal officers, such 
judge or member so designated shall, at the same 
time and with the ballot-boxes, as hereinafter pro¬ 
vided, deliver or safely transmit the other of said 
statements to the clerk of the township, city or 
municipality wherein such election is held, who shall 
forthwith file the same; but whenever an election 
shall be held for member of the house of representatives 


Form of 
statements 
in other 
elections. 


Statements of 
result to be 
filed with 
proper 
officers. 
[Amended, 

P. L. 1908, 

P. 385.] 






64 


ELECTIONS. 


Penalty for 
failure to 
transmit or 
deliver 
statement. 


Delivery of 
statement 
may be 
ordered by 
justice of the 
supreme 
court. 


or for electors of president and vice-president, or for 
governor, separate statements of the result of such elec¬ 
tion for representative, electors or governor shall be 
made and certified by said board, and such judge or 
member so designated shall within two days next after 
such election deliver or safely transmit one of said 
statements to the clerk of the county, and shall inclose, 
seal up and transmit the other statement to the secretary 
of state by mail, directing the same in the following 
manner: “To the secretary of state of New Jersey, 
Trenton, New Jersey,” and the secretary of state on re¬ 
ceiving such statement shall forthwith file the same in 
his office. 

97. If any member of a board of registry and election 
who shall have been appointed by such board to deliver 
or transmit the statement of the result o-f such election 
shall neglect or fail to deliver or safely transmit the 
same within the time herein required, such member shall 
forfeit and pay to the county collector of such county, 
for the use of the county, the sum of one hundred dollars, 
to be sued for and recovered by such collector, with costs, 
in any court of competent jurisdiction; and it shall be 
the duty of the clerk of the county-to certify tO' the 
county collector the names of all members so failing to 
deliver or transmit such statement; and the said county 
collector shall forthwith institute proceedings to recover 
said penalty. 

98. If any election officer shall fail to deliver or trans¬ 
mit the statements of the result of any election to the 
person or place, and within the time herein required, any 
member of the county board of elections may apply to 
any justice of the supreme court for an order to compel 
the immediate delivery of said statements, and the said 
justice, upon presentation of the facts which satisfy 
him that the said election officer has failed to deliver 
or transmit the same as herein required, may make an 
order requiring the immediate delivery thereof by said 




ELECTIONS. 


65 


officer, and in case of failure on the part of said officer 
to produce the same within twenty-four hours after be¬ 
ing served with such order, the said officer shall be 
'deemed and considered in contempt of court, and shall 
be punished accordingly. 


Disposal of Ballot-Boxes. 


99. As soon as the election shall be finished, all ballots 
which have been cast, whether the same have been esti¬ 
mated and canvassed or rejected for any cause, the poll- 
list and tally-papers, all unused and all spoiled official 
envelopes (which shall be tied up in one package), shall 
be carefully collected and deposited in the ballot-box; 
and such ballot-box, after being locked and bound with 
tape and sealed, shall, in all cities in this state, be imme¬ 
diately taken in charge by the two clerks of election, and 
by them forthwith carried to the office of the city clerk 
of the city in which such election may be held, by .the 
most direct route, and without delay, and said clerks 
shall not stop at any place between the polls and the city 
clerk’s office; the clerk of such city shall attend at his 
said office on election day, or appoint one of the clerks 
in his office to act for him, and keep his office open from 
the time the polls shall be closed until all the ballot-boxes 
used at the various polls in said city at such election shall 
have been delivered at his office; the clerk of such city 
or his subordinate whom he may have appointed to act 
in his stead shall enter in a book to be kept for that pur¬ 
pose, the exact time when each ballot-box may be deliv¬ 
ered at said office, the district whence it was brought, 
names of the clerks delivering it, and the name of the 
police officer or other witness who may accompany them, 
and such other particulars as he may deem important; 
-said book shall be filed in the office of the city clerk; in 
:all townships and municipalities other than cities, such 
5 KI.EC 


Ballots, poll- 
lists, etc., 
placed in 
ballot-box. 


Disposition of 
ballot-boxes 
in cities. 


Disposition 
in town¬ 
ships, etc. 





66 


ELECTIONS. 


Preservation 
of boxes and 
ballots. 


I’eiialty for 
interfering 
with clerks 
taking box to 
citv clerk’s 
office. 


ballot-box shall remain in the township or other munici¬ 
pality, under the care and in the custody of the clerk 
thereof, to whom it shall be forthwith delivered by the 
clerks of election in the manner above directed. ^ 

100. Every city, township or other municipal clerk to 
whom said ballot-boxes shall be delivered, shall there¬ 
upon keep the same, with their contents, but shall not 
have the keys thereof in his possession until required for 
the next ensuing election, and shall not open or permit 
to be taken or opened any ballot-box deposited as afore¬ 
said for the space of three months after the same has 
been so deposited, except when he shall be called upon by 
some court or other tribunal authorized to try the merits 
of such election, or to take testimony regarding the same; 
and after such trial or investigation, it shall be the duty 
of the clerk to have said box or boxes returned to his 
custody; provided, that when any election is required to 
be held for any purpose within the time that said ballot- 
boxes are required tO' remain in the custody of said clerk, 
it shall be lawful for the judge of the circuit court of the 
county, upon application of the city council, township 
committee or governing body of any municipality, to di¬ 
rect the contents thereof to be removed and carefully 
preserved, and the said ballot-boxes to be used at such 
election. 

101. Any person who shall willfully obstruct or inter¬ 
fere with the clerk or clerks on the way from the polls 
to the office of the city clerk, shall be guilty of a mis¬ 
demeanor, and upon conviction thereof shall be punished 
by fine not exceeding five hundred dollars, or by impris¬ 
onment at hard labor for any term not exceeding t\yo 
years, or both. 



ELECTIONS. 


67 


Board of County Canvassers. 


102. For all general and special elections in this state, 
and for all local or municipal elections in the several 
cities of this state, the county board of elections in each 
county shall hereafter be and act as a board of county 
canvassers; the clerk of the county shall be the clerk of 
the said board. 

103. Such board shall meet on the Monday next after 
any such election, at twelve o’clock noon, at the court 
house of such county, at which time and place the clerk 
of such county shall attend and bring with him the state¬ 
ments of the result of such election which have been 
filed in his office. 

104. If the clerk of such county shall be absent at 
such meeting at the time appointed therefor, the board 
shall forthwith proceed to appoint a fit person to be the 
clerk of such board, who shall obtain such statements 
from the office of said clerk, and before proceeding to 
canvass and estimate the votes the chairman of the board 
shall administer to the clerk thereof, and the clerk there¬ 
of shall take an oath or affirmation in the following 
form: 

“You do swear (or affirm, as the case may be) that 
you will faithfully execute the duties of clerk of this 
board according to law.” 

105. If on the day appointed for the meeting of such 
board, a major part of such board shall not attend at 
the court house of such county at the hour of twelve 
o’clock, noon, or if at that time the statements of the 
result of such election from every election district in 
such county shall not be produced, the members of the 
board then present shall adjourn to some convenient 
hour on the next day; and at the hour to which such 
adjournment shall have been ordered, the member or 
members then present may proceed as hereinafter di- 


Board of 
county 
canvassers, 
who to be. 


Time of 
meeting. 
[Amended, 
P. Iv. 1903, 
p. 701.] 


Appointment 
or clerk if 
county clerk 
be absent. 


Oath of clerk. 


When board 
may adjourn. 



68 


ELECTIONS. 


Proceedings 
to obtain 
missing 
statements. 


Protection of 
statements 
during 
adjournment. 


Board to 
canvass 
votes and 
make two 
statements 
of result. 


reeled, or may again adjourn for a period not exceeding 
three days, at which time the member or members then 
present shall proceed as hereinafter directed. 

106. If at the time fixed for the meeting of such 
board the statements from every election district have 
not been filed with the clerk of the county, then such 
clerk shall forthwith, by a special messenger or other¬ 
wise, at the expense of such county, obtain such state¬ 
ment or statements as shall be lacking, in time to be 
produced to such board at their next meeting, and for 
this purpose either the statements directed to be filed 
with the county clerk or the statements directed to be 
filed with the clerk of any township, city or municipality 
wherein such election was held, or a copy certified by the 
secretary of state, of the statements transmitted to him, 
shall be sufficient; and the clerk of such board shall lay 
before such board, at their subsequent meeting, all such 
statements and certified copies as he shall have obtained 
as above directed. 

107. Whenever any board of county canvassers shall 
find it necessary to adjourn, as herein provided, all state¬ 
ments of the result of an election which shall have been 
delivered to such board, or to any member thereof, shall, 
in the presence of such board, and before it shall adjourn, 
be securely inclosed and sealed and delivered to the 
county clerk for safe-keeping until the next meeting of 
such board. 

' 108. The members of said county board of canvassers 
shall proceed to examine the statements and copies of 
statements which shall be produced before them and shall 
canvass and determine the votes cast at such election; 
and shall forthwith make two statements of the result 
o‘f such election; each of which statements shall contain 
the name of each election district, the number of names 
of the voters on the poll-books of each election district, 
and of the ballots rejected, and the whole number of such 
names and rejected ballots in all of said election dis- 



EI.ECTIONS. 


69 


tricts; the number of votes given in each election district 
for each person for whom any vote or votes shall have 
been given for any office to be filled by such election, 
mentioning the office for which each person shall have 
been designated and the name of such person (which 
numbers of names and numbers of votes given, and of 
ballots rejected, may be in figures), and the whole num¬ 
ber of votes which shall have been given for each person 
for any such office, mentioning the office for which each 
person shall have been designated, and the name of such 
person (which numbers of votes and the names of per¬ 
sons and election districts shall be in words, written at 
full length), and each of such statements shall be certi¬ 
fied to be true and correct by a certificate which shall be 
appended to the same, signed by the members of such 
board making such canvass, (a) 

109. The statement and certificate shall in the fol¬ 
lowing, or like form: 

‘‘A statement of the result of an election held in the 

county of-, on the-day of November, in 

the year of our Lord one thousand-hundred and 

-, to elect a member of the senate, members of the 

general assembly, a sheriff and coroners of said county 
[naming the officers as the case may be], made by the 
board of county canvassers of said county: 


(o) Formerly the certificate was signed by the chairman of the county 
board of canvassers and attested by the clerk. It will be observed that the 
present law requires the certificate to be signed by all the members of the 
county board. The county board must make their statement of the result 
upon the statements and copies of statements produced before them. They 
have no authority to examine into the regularity of the proceedings of 
district boards or to look behind the official returns produced before them. 
State V. The Governor, i Dutch. 331. See also State v. Common Council 
of Rahway, 4 Vr. in. The result of an election may be inquired into by 
quo warranto, notwithstanding the determination of the canvassing board. 
State V. Clerk of Passaic, i Dutch. 354 . 


Statements 
to be 
certified. 


Form of 
statement 








70 


ELECTIONS. 


Form of 
certificate 
appended to 
statement. 


Names of election districts 
Names of persons voted for and the and the number of votes 


offices designated for each. 


given for each person in 
each district. 


<u >, 

SC 
5 3 
C y 
y y 


For member of senate.... 
For members of assembly. 

For sheriff. 

For coroners. 


Number of names on the poll-book] 
of each district. 1 


Number of ballots rejected. 




e-c 

3-0 
C y 
y.> 


I do hereby certify that the foregoing is a true, full 
and correct statement of the result of the election above 
mentioned, as the same is exhibited by the statements 
produced and laid before the board of county canvassers 
according to law, and that the same exhibits the number 
of the names of the voters in the poll-books of the elec¬ 
tion districts, respectively, and of the ballots rejected, 
the whole number of the names of the voters in the poll- 
books of the several election districts, the name of each 
person for whom any vote or votes were given, the num¬ 
ber of votes given for each person*in each election dis¬ 
trict, and the whole number of votes given for each per¬ 
son for each office designated for him, as they appear by 
the statements so produced and laid before the said 
board. In witness whereof, I have hereunto set my 

hand, this - day of -, in the year of our 

Lord one thousand-hundred and —-. 

Chairman of the board of canvassers. 

Attest: , Clerk.” 



































EI.ECTIONS. 


71 


And the blanks in the form above given shall be filled 
up to conform to the facts of the case. 

no. Such board shall deliver one of the said state- 
m.ents to the clerk of the county, who shall forthwith file 
the same; and in case of an election held for members 
of the house of representatives, or for electors of presi¬ 
dent and vice-president, or for governor, or for senator, 
members of assembly, or for any county officers, the 
chairman of such board shall inclose and seal up the 
.other statement and deliver or safely transmit the same 
so inclosed and sealed up, to the secretary of state at 
Trenton, so that he shall receive the same within three 
days next after the meeting of such board; and the sec¬ 
retary of state shall forthwith file the same; and in case 
of any municipal election in any city of this state the 
chairman of such board shall forthwith deliver or safely 
transmit such other statement to the clerk of such city, 
who shall file the sarnie. 

III. The board of county canvassers, in case of an 
election for a member of the senate, members of the gen¬ 
eral assembly, or for any county or city officer or officers, 
shall proceed to determine the person or persons who 
shall, by the greatest number of votes, have been duly 
elected to the office or offices for which he or thev shall 
have been designated; and thereupon such board shall 
make a statement of their determination, certified to be 
true and correct, by a certificate appended to the same, 
and signed by the chairman of such board, in the pres¬ 
ence of the clerk of such board; and the clerk of such 
board shall attest the signing of the same by such chair¬ 
man, by signing his name thereto ; and the statement of 
such determination, and the certificate thereto, shall be 
annexed to the statement of the result of the election, 
and shall be delivered therewith to the clerk of the countv 
and filed in his office; in case of any election for any city 
officer or officers, another copy of such determination, as 
to such officer or officers, shall be made, signed and at- 


Disposition of 
statements. 


Board to 
determine 
who are 
elected as 
legislators, 
county or 
city officers. 





72 


ELECTIONS. 


Form of 
statement of 
determina¬ 
tion. 


tested in manner aforesaid and forthwith filed with the 
clerk of such city. 

112. The statement of the determination of such 
board shall be in the following or like form: 

‘‘A statement of the determination of the board of 
county canvassers relative to an election held in the 

county of-on the-day of November, in the 

year of our Lord one thousand - hundred and 

-, for the election of a member of the senate, mem¬ 
bers of the general assembly of this state, and a sheriff 
and coroners for said county (naming the officers, as the 
case may be). 

The said board do determine that at the said election, 

-was duly elected a member of the senate of this 

state;-were duly elected members of the general 

assembly;-was duly elected sheriff, and- 

were duly elected coroners for said county (as the case 
may be). 

I do certify that the foregoing is a true, full and cor¬ 
rect statement of the determination of the board of can¬ 
vassers therein mentioned. 


In witness whereof I have hereunto set my hand this 

-day of November, in the year of our Lord one 

thousand eight hundred and-. 

Chairman of the board of canvassers. 
Attest: , Clerk.” 


Form of. 
statement in 
special 
elections. 


In certain 
cases board 
to make 
statement 
and deter¬ 
mination. 


And in case of a special election to fill a vacancy or 
vacancies, the statement of the determination of such 
board, and the certificate thereof, shall be in a form 
similar to that above given, as far as the nature of the 
case will admit. 

113. The board of county canvassers in the case of 
an election for a member of the senate, members of the 
general assembly, county or municipal officers, or any 














ELECTIONS. 


73 


of them, shall make a statement of the result thereof, 
and their determina,tion as to the person or persons who 
shall be elected therein; and in all other cases shall make 
only a statement of the result of the election in such 
county upon the statements and copies of statements 
which shall be produced and laid before the board, as 
directed in this act. 

114. The clerk of such county, in the case of an elec¬ 
tion for senator, members of the assembly, or any county 
officer, shall make as many copies of the statement of 
the deteiTnination of such board, and the certificate ap¬ 
pended thereto, as may be necessary, and shall certify 
such copies to be true, full and correct, by a certificate ap¬ 
pended to each of them, and shall sign his name thereto, 
and affix thereto the seal of the county, and shall without 
delay deliver one of the same to each person who shall 
be so elected and shall inclose, seal up and transmit an¬ 
other copy of the same to the secretary of state at Tren¬ 
ton, within five days next after the meeting of such 
board; and the said secretary shall file the same in his 
office. 

115. The senate and general assembly shall convene 
and hold their sessions in the state house, at Trenton; 
and in the organization of each house the certified copies 
of the aforesaid statements of the determination of such 
board shall be deemed and taken to be prima facie evi¬ 
dence of the right of the persons therein mentioned to 
seats in the houses, respectively, to which they shall have 
been so determined to be elected. 

116. All the statements and copies of statements which 
shall be produced and laid before such board shall, by 
such board, be delivered to the clerk of such county, and 
shall be by him filed in his office. 

117. All the proceedings of such boards shall be open 
and public, and a decision of the major part of the 
members thereof, who shall be present at such meeting 
thereof, shall be deemed and taken to be the decision of 


In other 
cases to make 
statement 
only. 


County clerk 
to deliver 
certified 
copies of de¬ 
termination 
to persons 
determined 
to be elected. 


Certified 
copies prima 
facie evidence 
of election of 
senators and 
assemblymen. 


All 

statements 
produced 
before board 
to be filed in 
county clerk’s 
office. 

Proceedings 
of board 
public;— 
majority to 
decide. 




74 


Dissent may 
be filed with 
county clerk. 


Secretary of 
state to 
obtain 
missing 
statements. 


Duty of 
secretary of 
state as to 
defective 
statements. 


ELECTIONS. 


such board; and if any member shall dissent from a 
decision of the board, and shall desire to protect himself 
against any consequences which may result from such 
decision, he shall state his dissent in writing, and deliver 
the same to the clerk of such county, who shall file the 
same in his office. 


Board of State Canvassers. 

11,8. In case of any election for one or more members 
of the house of representatives, or for electors of presi¬ 
dent and vice-president, or for governor, if it shall so 
happen that the secretary of state shall not, on or before 
the seventh day after the time appointed for the meeting 
of the board of canvassers in the several counties, have 
received the statements of the result of such election in 
every county, which are hereinbefore directed to be de¬ 
livered or transmitted to him by the chairman of such 
board, such secretary shall forthwith, by a special mes¬ 
senger or otherwise, obtain such statement or statements 
as are lacking; and for this purpose a copy of the state¬ 
ment directed to be filed with the clerk of the county, 
certified by such clerk, shall be sufficient; and whenever 
and so soon as such secretary shall receive or obtain any 
statement of the result of such election, in any county, 
in the manner hereinbefore provided for, he shall ascer¬ 
tain whether or not such statement includes the state¬ 
ment of the result of such election in every election dis¬ 
trict of such county; and if it shall appear to him that 
the statement of the result of such election in any election 
district is not exhibited by or included in the statement 
of the result of such election, in such county, he shall 
forthwith ascertain whether or not a copy of such lack¬ 
ing statement has been received in his office; and if it 
shall appear to him that such copy has not been so re¬ 
ceived, he shall forthwith, by special messenger or other- 



ELECTIONS. 


75 


wise, obtain a copy of the statement directed to be filed 
with the clerk of such county, certified by such clerk, 
which shall be sufficient; and such secretary shall, on the 
twenty-first day next after the day of such election, pro¬ 
duce and lay before the board of state canvassers all 
such statements and copies as shall relate to such election, 
which shall have been received or obtained by him as 
hereinbefore provided for. 

119. -The governor shall attend at Trenton on the 
twenty-first day next after the day of election, and 
summon to attend him on that day four or more of the 
members, of the senate, provided said members of the 
senate shall represent each political party, for the pur¬ 
pose of canvassing and estimating the votes given for 
each person for whom any vote or votes shall have 
been given for one or more members of the house of 
representatives, or for electors of president and vice- 
president, or for governor, and of determining and de¬ 
claring the person or persons who shall, by the greatest 
number of votes, have been duly elected to such office 
or offices; and such members of the senate as shall be 
summoned shall attend at Trenton on that day for that 
purpose; they shall meet in the chamber of the senate, 
or some other convenient place at Trenton, at the hour 
of two o’clock in the afternoon, and shall constitute a 
board of state canvassers; and the governor shall be the 
chairman thereof, and the secretary of state shall be the 
clerk therecff. 

120. The chairman of such board shall administer to 
each member thereof, and each memeber thereof shall 
take, an oath or affirmation in the following form: 

^^You do swear (or affirm, as the case may be) that 
you will faithfully and impartially execute the duties of 
a member of this board according to law;” and there¬ 
upon one of the members of such board, to be appointed 
by such board for that purpose, shall administer to the 


Statements 
to be laid 
before state 
board of 
canvassers. 


State board of 
canvassers, 
how con¬ 
stituted and 
when to meet. 


Their duty. 


Who to be 
chairman 
and clerk. 


Oath of 
members of 
state board. 



76 


ELECTIONS. 


In absence of 
secretary of 
state a clerk 
may be 
appointed. 


Oath of clerk. 


Vacancies in 
state board, 
how filled. 


Secretary of 
state to 
produce 
statements 
before state 
board. 

State board 
to make and 
certify 
statement 
of result. 


chairman thereof an oath or affirmation in the same 
form as that which shall have been taken by the other 
members. 

121. If the secretary of state shall be absent from 
such meeting at the time appointed therefor, such board 
shall forthwith, after the oaths or affirmations shall have 
been administered and taken, proceed to appoint a fit 
person to be the clerk of such board ; and before proceed¬ 
ing to canvass and estimate the votes, the chairman of 
such board shall administer to the clerk thereof, and such 
clerk shall take, an oath or affirmation in the following 
form: 

“You do swear (or affirm, as the case may be) that 
you will faithfully execute the duties of clerk of this 
board.’^ 

122. Such board shall consist of at least five persons, 
including the chairman thereof; and if a number of the 
members of the senate, who shall have been summoned 
as members of such board, sufficient to constitute such 
board, shall not attend the meeting thereof, it shall be 
the duty of the governor to summon as members of such 
board, as many fit persons, who shall possess the qualifi¬ 
cations required for members of the senate, as shall be 
necessary to complete the number required to constitute 
such board. 

123. The secretary of state shall thereupon produce 
and lay before such board all statements and copies 
relating to such election which he shall hav» received or 
obtained; and such board shall then forthwith proceed 
to make a statement of the result of such election in 
the state; which statement shall contain the whole num¬ 
ber of the names of the voters in all the poll-books in 
the state, the names of all the persons for whom any 
vote or votes shall have been given for any office or 
offices to be filled at such election, and the whole number 
of the votes which shall have been given to each person 
for any such office or offices, mentioning the office or 



EI.ECTIONS. 


77 


offices for which each person shall have been designated, 
and shall contain the name of each county, the number 
of names in the poll-books in the counties respectively, 
the number of votes given for each person in each county 
for any such office or offices; and in such statement the 
name of each person for whom any vote or votes shall 
have been given, the whole number of votes given for 
each person, and the name of each county, shall be in 
words written at full length; and the whole number of 
the names of the voters in all the poll-books in the state, 
the number of the names in the poll-books in the coun¬ 
ties respectively, and the number of votes given for each 
person in each county, may be in figures, and such state¬ 
ment shall be certified to be true and correct, by a cer¬ 
tificate appended to the same; and the chairman of such 
board shall sign his name thereto, in the presence of the 
clerk of the board, and such clerk shall attest the signing 
of the same by such chairman by signing his name 
thereto; and the statement and certificate appended 
thereto shall be in a form similar to that hereinbefore 
prescribed for the board of county canvassers, as far 
as the nature of such election will admit; and when the 
statement and certificate above mentioned shall have 
been made and subscribed, such board shall proceed to 
determine the person or persons who shall, by the 
greatest number of votes, have been duly elected to the 
office or offices for which he or they shall have been 
designated; and thereupon such board shall make a 
statement of their determination; and such statement 
shall be certified to be true and correct by a certificate 
which shall be appended to the same; and the chairman 
of such board shall sign his name thereto, in the pres¬ 
ence of the clerk thereof, and such clerk shall attest the 
signing of the same by such chairman by ^gning his 
name thereto; and the statement of such determination, 
and the certificate appended thereto, shall be in a form 
similar to that hereinbefore prescribed for the board of 


To determine 
and certify 
who are 
elected. 




78 


ELECTIONS. 


Statements, 
etc., to be 
filed. 


Missing 
statements 
to be 

delivered to 
messengers. 


Messengers 
commissioned 
in writing. 


Secretary of 
state may be 
summoned to 
produce 
statements. 


county canvassers, as far as the nature of such election 
will admit, and shall be annexed to the statement of the 
result of such election; and both of such statements and 
certificates shall forthwith be delivered to the secretary 
of state, who shall file the same in his office. 

124. The clerk or member of the board of election of 
any election district, the clerk or the chairman of the 
board of canvassers of any county, or any other person 
who shall be in possession of any statement, or copy 
of any statement, which shall have been made and sub¬ 
scribed under the provisions of this act, shall forthwith, 
on application by any messenger who shall have been 
dispatched for the same by the secretary of state, deliver 
to such messenger such statement or copy; and the 
member of the board of election of any election district, 
or any clerk or other person who shall be in possession 
of any statement, or copy of any statement, which shall 
have been made and subscribed under the provisions of 
this act, shall forthwith, on application by any messenger 
who shall have been dispatched for the same by the clerk 
of such county, deliver to such messenger such state¬ 
ment or copy; and such messenger, in either case, shall 
be commissioned as such in writing, under the hand and 
official seal of the officer by whom he shall have been^ 
dispatched, and shall exhibit his commission to the per¬ 
son to whom he shall apply for such statement or copy 
and when he shall have obtained such statement or copy, 
shall forthwith deliver the same to the officer who shall 
have dispatched him. 

125. If the secretary of state shall neglect to produce 
and lay before such board any such statement or copy 
received or obtained by him, or shall withhold any such- 
statement or copy, the chairman of such board shall 
forthwith summon such secretary to appear and produce 
and lay before the board such statement or copy, and 
thereupon such secretary shall forthwith produce and 
lay the same before such board. 



EI.ECTIONS. 


79 


126. Such board shall make the statement of the re¬ 
sult of such election in the state, and their determination 
as to the person or persons who shall have been elected 
therein upon the statements of the result of such election, 
or the copies of such statements which shall have been 
iliade by the uoard of county canvassers in the several 
counties, and laid before such board; provided, that if 
it shall appear, by any such statement from any county, 
that the statement of the result of such election in any 
election district of such county is not exhibited by or 
included in such statement, such board shall give full 
force and effect to the statement of the result of such 
election in such district, or the copy of such statement, 
which shall be laid before such board by the secretary 
of state as is hereinbefore directed. 

127. The secretary of state shall make as many copies 
of the statement of the determination of such board, and 
the certificate thereto, as there shall be persons thereby 
declared to be elected; and shall certify such copies to 
be true, full and correct, by a certificate appended to 
each, and shall sign his name thereto and affix thereto 
the seal of the state, and shall without delay, deliver one 
of the same to each of the persons who shall be so 
elected. 

128. All the statements and copies of statements 
which shall have been produced and laid before such 
board shall be delivered to the secretary of state, and be 
by him filed in his office. 

129. The proceedings of such board shall be open and 
public, and the decision of a majority of the members 
thereof shall be deemed and taken to be the decision 
thereof; and if any member shall dissent from such de¬ 
cision, and shall desire to protect himself against any 
consequences which may result therefrom, he shall state 
his dissent in writing, and deliver the same to the secre¬ 
tary of state, who shall file the same in his office. 


Statement of 
result by 
state board, 
how made. 


Official 
notification 
of election 
by secretary 
of state. 


All state¬ 
ments filed 
in office of 
secretary 
of state. 


Proceedings 
of state board 
to be public. 


Dissent may 
be filed. 




8o 


ELECTIONS. 


Certification 
of election of 
members of 
the house of 
representa¬ 
tives. 


Of the 
election of 
presidential 
electors. 


130. In case of an election for one or more members 
of the house of representatives, the secretary of state 
shall prepare a general certificate of the election of such 
member or members, and lay the same before the gov¬ 
ernor, who shall sign his name thereto, in the presence 
of such secretary; and such secretary shall attest the 
signing of the name by the governor by signing his 
name thereto, and shall thereupon affix the seal of the 
state thereto, and transmit the same forthwith to the 
clerk of the house of representatives, if they shall then 
be in session, and if not in session, then at their first 
meeting; and in case of an election for electors of presi¬ 
dent and vice-president of the United States, such secre¬ 
tary shall prepare a general certificate of the election of 
such electors, and lay the same before the governor, who 
shall sign his name thereto, in the presence of such secre¬ 
tary ; and such secretary shall attest the signing of the 
same by the governor, by signing his name thereto, and 
shall thereupon affix the seal of the state thereto, and 
deliver the same, to the president of the college of elec¬ 
tors of this state, on the day and at the time and place 
appointed for the meeting of such college. 


The Electoral College. 


Meeting of 
presidential 
electors. 


Vacancy in 
electoral 
college, how 
filled. 


131. The electors of president and vice-president shall 
convene at the state house at Trenton, on the day ap¬ 
pointed by congress for that purpose, at the hour of 
three o’clock in the afternoon of that day, and constitute 
an electoral college; and, after choosing a president and 
secretary from their own body, shall proceed to perform 
the duties required of them by the constitution and laws 
of the United States. 

132. When any vacancy shall happen in the college 
of electors of this state or when any elector shall fail 
to attend, by the hour of three o’clock in the afternoon 
of the day fixed by the congress of the United States 



ELECTIONS. 


8i 


for the meeting of the college of electors, at the place 
of holding such meeting, those of the said electors who 
shall be assembled at the said hour and place shall im¬ 
mediately after that hour proceed to fill, by a majority 
of votes, all such vacancies in the electoral college; pro¬ 
vided, that if the members of the electoral college shall 
have been nominated and elected as representing differ¬ 
ent political parties, any vacancy occurring shall be filled 
by the elector or electors representing the same political 
party as the absent elector; and if there shall be no 
elector present representing the same political party as 
the absent elector, then such vacancy shall be filled by a 
majority of the electors present, who shall choose some 
person of the political party which the absent elector 
represents. 

Elections to Supply Vacancies. 

133. Whenever any vacancy shall happen in the rep¬ 
resentation of any county in the senate or general assem¬ 
bly, the house in which such vacancy happens shall direct 
a writ of election for supplying the same, unless such 
house shall be of the opinion that the services of a per¬ 
son in the office then vacant will not be required during 
the unexpired period of the legislative year; but if such 
vacancy happens during the recess of the legislature, or 
after the annual election, and not less than fifteen day^ 
before the commencement of the legislative year (or a 
^shorter time before such commencement, if the board 
of chosen freeholders make the requirement hereafter 
mentioned), it shall be the duty of the governor forth¬ 
with to issue a writ of election to fill the said vacancy, 
unless he shall be of opinion that the services of a person 
in the office then vacant will not be required during the 
legislative year, or the residue thereof; but the neglect 
of the governor to issue a writ for filling such vacancy 
shall not preclude the house in which such vacancy may 
have happened from causing the same to be filled, if they 


Filling of 
vacancies in 
legislature. 


6 thtc 




82 


ELECTIONS. 


What 
constitutes 
a vacancy in 
senate or 
general 
assembly. 


Vacancy in 
house of rep¬ 
resentatives, 
how filled. 


Nature and 
form of writ 
of election to 
fill vacancy. 


judge it advisable; provided, that if the board of chosen 
freeholders of such county shall signify in writing to the 
governor, in case such vacancy occurs during the recess 
of the legislature, or after the annual election, and before 
the commencement of the legislative year, or to such 
house, when in session, the desire of such board that the 
vacancy shall be filled, then such house, or the governor, 
as the case may be, shall forthwith, after such significa¬ 
tion, issue such writ. 

134. If any person who shall be elected a member of 
the senate or general assembly of this state shall neglect 
or refuse, for ten days next after the commencement of 
the session of such house, to take his seat therein, or to 
send to such house a satisfactory excuse, or shall, during 
any session of such house, be absent unremittingly for 
ten days (unless expressly excused by such house from 
attendance thereon), or shall remove from and cease to 
be a resident of the state, or of the county for which he 
may have been elected, his office shall be deemed vacant. 

135. Whenever any vacancy or vacancies shall happen 
in the representation of this state in the house of repre¬ 
sentatives, it shall be the duty of the governor forthwith 
to issue a writ of election to fill such vacancy or vacan¬ 
cies, unless the term of service for which the person or 
persons whose office or offices shall become vacant will 
expire within two months next after the happening of 
such vacancy or vacancies. 

136. Every writ of election which shall be issued \m-t 
der the provisions of this act shall be of the nature of a 
proclamation, and be signed by the governor or by the 
president of the senate or the speaker of the house of 
assembly, as the case may be; and shall specify the cause 
and purpose of such election, the name of the officer in 
whose office the vacancy has occurred and the day on 
which such election shall be held, which shall not be less 
than fifteen days, nor more than forty days, from the 
date of such writ. 



EIvECTIONS. 


83 


137. Every such writ shall, by the officer issuing the 
same, be delivered forthwith to the secretary of state, 
who shall forthwith affix thereto the seal of this state, 
and file the same in his office; and in case such vacancy 
or vacancies shall have happened in the representation 
of any county, in the senate or assembly, he shall make, 
or cause to be made, a copy of such writ, certify the 
same to be true and correct under his hand, and cause 
such copy thus certified to be delivered to the clerk of 
such county, and in case such vacancy or vacancies shall 
have happened in the representation of this state in the 
house of representatives, he shall cause as many copies 
of such writ to be made as there shall be counties or 
parts of counties in such vacant congressional district or 
districts, certify each of the same to be true and correct 
under his hand, and cause one of such copies to be de¬ 
livered to the clerk of each of said counties. 

138. The clerk of each of said counties shall, forth¬ 
with after the receipt of any such copy, cause the same 
to be published at least once a week, until the time of 
such election, in at least four of the newspapers which 
shall be printed or published in such county; and if such 
election shall be held to fill a vacancy or vacancies in 
the representation of such county in the senate or as¬ 
sembly, such publication shall be made at the expense 
of such county; and if such election shall be held to 
fill a vacancy or vacancies in the house of representa¬ 
tives, such publication shall be made at the expense of 
this state. 

139. Any vacancy happening ;n the office of sheriff, 
coroner, clerk, register or surrogate of any county, shall 
be supplied at the general election next succeeding the 
happening thereof, unless such vacancy shall happen 
within fifteen days next preceding such election, in which 
case such vacancy shall be supplied at the second suc¬ 
ceeding general election. 


Duties of 
secretary of 
state as to 
writ of 
election. 


Duty of 
county clerk 
as to writ 
of election. 


Vacancy in 
county office, 
how filled. 




84 


ELECTIONS. 


Special elec¬ 
tions, how 
conducted. 


Notice of 
contested 
election of 
governor. 


Petition to 
be delivered 
to president 
of senate. 


140. Every special election shall be conducted by the 
same election officers and in the same manner as the 
general election is or may be conducted; nominations 
shall be made for the offices to be filled at such special 
election in the manner herein provided for the nomina¬ 
tion for such offices at the general election, and the 
register used at the election next preceding such special 
election shall be used thereat, subject to revision and 
correction in the same manner as is herein provided 
for the revision and correction of the register at charter 
or local elections, with such modifications, if any, as to 
the times of meeting of the registry boards, as the county 
board of elections may deem nesessary. 


Contested Elections for Governor. 

141. Any person intending to contest the election of 
governor, shall, within thirty days next after such elec¬ 
tion, give notice in writing to the person whose election 
he intends to contest, stating such intention, and setting 
forth the facts, charges and specifications upon which 
he means to rely; which notice shall be delivered to such 
person, or be left open at his usual place of residence, 
with a member of the family over the age of fourteen 
years. 

142. The said contestant shall address and cause to 
be delivered to the president of the senate as soon as that 
body shall be organized by the election of a president, 
a petition in writing, setting forth that the said petitioner 
intends to contest the said election of governor, and the 
facts, charges and specifications upon which he means 
to rely, and praying that a joint committee of the two 
houses of the legislature may be appointed to try the 
same; which petition shall be accompanied by the affida¬ 
vit of the petitioner that the facts, matters and things 
in said petition contained are true, as he verily believes; 



ELECTIONS. 


85 


and shall be also accompanied by due proof that the 
notice mentioned in the preceding section has been given 
as is therein directed. 

143* Upon the receipt of such petition, verification 
and proof, the said president shall immediately give in¬ 
formation thereof to both houses of the legislature, who 
shall, on a day and hour to be agreed upon between 
them, not exceeding ten days from the delivery of such 
petition, convene in the senate chamber, and proceed 
to appoint such committee. 

144. The president of the senate shall preside at such 
meeting; the names of the members of each house shall 
be called over, and thereupon the names of the mem¬ 
bers of the senate present shall be written on distinct 
pieces of paper, as nearly similar as may be, and each 
rolled up and put into a box by the clerk of the assembly, 
and after being shaken and intermixed, shall be placed 
on the president’s table; and the secretary of the senate 
shall then draw from the said box the papers so rolled 
up, and deliver them singly to the speaker of the house 
of assembly, who shall open and read them aloud as he 
receives them, and deliver them singly to the president 
of the senate, who shall place them open on the table; 
and the clerk of the house shall take down the names 
as they are so called in writing, until the number of ten 
names be drawn, when the drawing shall cease; the 
names of all the members of the house of assembly who 
are present shall then, in like manner, be written on 
similar distinct pieces of paper, and each rolled up and 
put into a box by the secretary of the senate, and after 
being shaken and intermixed, shall be placed on the 
president’s table; and the clerk of the house shall then 
draw from the said box the papers so rolled up, and 
deliver them singly to the president of the senate, who 
shall open and read them aloud as he receives them, and 
deliver them singly to the speaker of the-house, who 
shall place them open on the table, and the secretary of 


President of 
senate to 
notify both 
houses of 
legislature. 


Selection 
of names 
for joint 
committee. 



ELECTIONS. 


86 


Process of 
perfecting 
joint 

committee. 


Oath. 


Balance of 
names drawn 
and mistakes 
corrected. 


the senate shall take down the names as they are SfO 
called, in writing, until the number of twenty-nine 
names shall be drawn, when the drawing shall cease. 

145. When the names of ten members of the senate 
and twenty-nine members of the house of assembly shall 
have been so drawn, a list of the members so selected 
shall be given to each of the parties, or their counsel, 
who shall immediately withdraw to some adjoining 
room, with a clerk or member appointed by the joint 
vote of the members present, where they shall proceed 
alternately to strike off the names upon the said list, 
the contestant striking first, until the number shall be 
reduced to four members of the senate and nine members 
of the house of assembly; and within one hour from the 
time of so withdrawing, shall deliver to the president of 
the senate the names of the said thirteen members re¬ 
maining on the list, who shall constitute a committee to 
try the matter in controversy, and shall respectively take 
an oath or affirmation, to be administered by the presi¬ 
dent of the senate, to try the matter of the petition, and 
to give true judgment thereon according to evidence; 
and the time and place for the meeting of the select com¬ 
mittee so appointed shall then be directed by the joint 
vote of the members of both houses, which shall be 
within twenty-four hours of the appointment. 

146. As soon as the list shall have been delivered to 
the parties aforesaid, the clerk of the house of assembly 
shall proceed to draw out, one by one, the names of the 
remaining members of the senate and deliver them 
singly to the speaker of the house, who shall unfold and 
read them aloud; and then the secretary of the senate 
shall in like manner draw out the names of the remain¬ 
ing members of the house of assembly and deliver them 
singly to the president of the senate, who shall unfold 
and read them aloud; and if any unfairness or mistake 
shall be discovered therein, then the whole proceeding 



ELECTIONS. 


87 


shall be set aside, and the business be renewed in manner 
and form as in hereinbefore directed. 

147. The committee so chosen shall, on their first 
meeting, elect a chairman from among themselves, and 
some competent person as clerk, and in case of the sick¬ 
ness, death, resignation or inability to act of either, may. 
choose another in his place; and in case of the refusal 
or inability of any member of the committee so chosen 
to act, the committee shall, by a majority of votes, fill 
such vacancy by choosing a member to supply his place, 
if he be a senator, from the senate; if a member of the 
assembly, from the house of assembly; provided^ that no 
member who was stricken from the list of names drawn 
shall be eligible to be chosen; and provided, that such 
vacancy shall be filled before the committee shall have 
entered upon the hearing of the case. 

148. The said committee shall sit from day to day, 
Sundays excepted, and attend exclusively to the business 
before them until they shall have finally decided the case. 

149. The said committee shall have power to send for 
persons, papers and records, to examine all witnesses 
who may come before them, upon oath or affirmation, to 
be administered by the chairman; and any person guilty 
of taking a false oath or affirmation before them, or of 
procuring another to do so, shall, upon conviction, be 
liable to the same punishment as persons convicted of 
perjury are liable to by law; the committee may require 
the production of ballot-boxes with their contents, and 
may examine and recount, if necessary, the ballots cast 
in any district or districts. 

150. All determinations of the said committee shall 
be by a majority of votes; as soon as the said committee 
shall have determined whether the election or return re¬ 
ferred to them is legal and valid, or the contrary, and 
who, if anyone, is duly elected to the said office of gov¬ 
ernor, the chairman shall make two reports thereof in 
writing, one of which he shall deliver to the president of 


Organization 
of committee. 


Sessions 
continued 
from day 
to day. 


Power of 
committee. 


Determina¬ 
tion of 
committee to 
be recorded 
on journal of 
senate and 
house. 




88 


ELECTIONS. 


Proceedings 

public. 


Witness fees, 
clerk’s com¬ 
pensation, 
expenses. 


Notice of 
contest of 
election of 
legislator or 
congressman. 


the senate and the other to the speaker of the house of 
assembly which reports shall be entered on the journal 
of the respective houses, and shall be final and conclusive, 
and the person adjudged to be elected shall be entitled 
to the office; and if no one shall be adjudged to be 
elected, then the office shall be declared vacant. 

151. The proceedings of the committee shall be con¬ 
ducted publicly; the parties shall be at liberty to appear 
before them in person, or by counsel, and examine and 
cross-examine the witnesses produced, and be heard upon 
the questions that arise in the case. 

152. Witnesses attending by order of the committee 
shall have the same fees as are allowed at law; the clerk 
of the committee shall be allowed compensation at the 
rate of ten dollars per diem, but no fees; and all ex¬ 
penses incurred shall be taxed by the committee and paid 
by the treasurer on the certificate of the chairman. 


Contested Elections for Members of the Legislature 
and Congress. 

153. If any person shall intend to contest the right 
of any person who shall have been declared to be duly 
elected a member of the senate, a member of the general 
assembly or a member of the hpuse of representatives of 
the United States, to a seat in the house of which he 
shall have been declared to be elected a member, the 
person intending shall, within thirty days next after 
the day of such election, give notice in writing of such 
intention to the person whose seat he shall intend to con¬ 
test; which notice shall be delivered to such person, or 
shall be left open at his usual place of residence, with one 
of the family above the age of fourteen years, and such 
notice shall particularly set forth the ground or grounds 
on which such seat will be contested. 



ELECTIONS. 


89 


154. The judges of the court of common pleas, the 
commissioners to take bail and affidavits in the supreme 
court, and the masters in chancery, respectively, shall 
have .power, and are hereby required at any time, on 
application to them by any person who shall intend to 
contest the right to a seat as above mentioned, or whose 
right to a seat shall be contested, to issue a subpoena or 
subpoenas to any person or persons whose testimony the 
person so applying shall be desirous to take, and to ap¬ 
point some time, not less than ten nor more than twenty 
days after such application shall be made to him, and 
some place for the examination of such person or per¬ 
sons; provided, that no officer shall issue any such sub¬ 
poena or appoint such time, unless he shall be satisfied 
that such notice has been given as is directed in the pre¬ 
ceding section of this act. 

155. When such time and place shall have been ap¬ 
pointed, the person who shall have made such applica¬ 
tion shall forthwith give at least eight days’ notice of 
such time and place, and of the name of the officer who 
is to take the testimony, to the opposite party; which 
notice shall be in writing, and shall contain the name 
or names of the witness or witnesses intended to be ex¬ 
amined, and shall be given in the same manner as the 
notice of contest of such election hereinbefore mentioned 
is directed to be given. 

156. At the time and place which shall have been so 
appointed, the officer appointing them shall attend and 
take the deposition or depositions of such person or per¬ 
sons as shall appear before him; which deposition or de¬ 
positions shall be taken in writing, and shall be signed 
by the person or persons, respectively, who shall be ex¬ 
amined ; provided, that such officer shall not proceed to 
take the testimony of any person unless he shall be sat¬ 
isfied that such notice has been given, as is hereinbefore 
directed, and that he shall take the testimony of no other 
person than such as shall be mentioned in such notice; 


Who may 
take 

testimony 
and issue 
subpoenas 
for wit¬ 
nesses. 


Time and 
place to b« 
fixed for 
examining 
witnesses. 


Notice of 
time and 
place for 
examination 
to be given. 


Depositions, 
how taken. 



ELECTIONS. 


90 


Depositions, 
how disposed 
of. 


Penalty for 
not obeying 
subpoena. 


Proceedings 
on attach¬ 
ment for 
contempt. 


and that no testimony shall be taken which shall not re¬ 
late to some ground of contest specified in the notice 
which shall have been given, as is hereinbefore directed. 

157. The officer who shall take any such deposition or 
depositions shall certify the same under his hand and 
shall inclose, seal up and transmit or deliver the same, 
in case the intended contest shall relate to a seat in the 
senate, to the president of that body; in case it shall 
relate to a seat in the general assembly, then to the 
speaker of that body, and in case it shall relate to a seat 
in the house of representatives of the United States, then 
to the speaker of that body. 

158. It shall be the duty of every person upon whom 
a subpoena, issued under and by virtue 01 this act, shall 
have been served, and to whom the lawful fees shall 
have been paid or tendered, to obey the command of 
such subpoena, under the penalty of fifty dollars, to be 
sued for and recovered, with costs, in an action of debt, 
before any court of competent jurisdiction, by the per¬ 
son on whose application such subpoena shall have been 
issued; provided, that no person shall in any case be 
required to attend any such examination as a witness 
out of the county in which he resides; and if any person 
duly subpoenaed as aforesaid shall neglect or refuse to 
obey the command of such subpoena, it shall be lawful 
for any justice of the supreme court or judge of the court 
of common pleas, on due proof by affidavit of the service 
of a subpoena on such witness, and of the payment of 
his legal fees, and of his refusal or neglect to obey the 
command of said subpoena as aforesaid, to issue an at¬ 
tachment against such person to bring him before said 
justice or judge; and the said justice or judge shall have 
power to proceed against said witness as for a con¬ 
tempt of said court. 



ELECTIONS. 


91 


Recount of Votes. 


159. Whenever any candidate at any election shall 
have reason to believe that an error has been made^by 
any board of elections or of canvassers in counting the 
vote or declaring the vote of such election, or when¬ 
ever any citizen shall have reason to believe that an 
error has been made by any board of elections or of 
canvassers in counting the vote or declaring the result 
of any election upon any referendum or question sub¬ 
mitted to the electors, whereby the result of such elec¬ 
tion has been changed, such candidate or such citizen 
may, within ten days after such election, apply to any 
Justice of the Supreme Court, who shall be authorized 
to order and cause, upon such terms as he may deem 
proper, a recount of the whole or such part of the votes 
as he may determine, to be publicly made under his 
direction by the county board of elections, after due 
notice by such candidate to the parties interested of the 
time and place of such recount; and, if it shall appear 
upon such recount that an error has been made suffi¬ 
cient to change the result of such election, then such 
Justice in case of candidates shall revoke the certifi¬ 
cates of election already issued to any j)erson, and shall 
issue in its place another certificate in favor of the 
party who shall be found to have received a majority 
of the votes cast at such election; and in case of refer- 
endums or questions shall make a certificate that the 
result of such election be' corrected; which certificates 
shall supersede all others and entitle the holder thereof 
to the same rights and privileges as if said certificates 
had been originally issued by the canvassing board; 
said Justice shall have power to decide all disputed 
questions which the board shall fail to decide by a 
majority vote thereof.(a) 


Candidate« 
may apply 
for recount. 


[Amended, 
P. L. 1909, 
P. 41.] 


If error 
change result, 
justice to 
revoke 
certificate 
and issue' 
new one. 


In case of 
referendum. 


(a) Application was made to Justice Dixon for a recount of ballot* cast 
in Passaic county for sheriff. At the time of the application John W. Sturr 



92 


ELECTIONS. 


Application. 


Proviso. 

New cer¬ 
tificate to be 
filed and 
certified, 
copies made, 
etc. 


Expenses of 
recount, how 
provided for. 


159b. The foregoing provisions shall apply to any 
election held upon any referendum or question at the 
last general election; provided, application shall be made 
for such recount within thirty days after the passage of 
this act. 

160. Whenever any such certificate shall be issued by 
any justice of the supreme court, the same shall be filed 
with the clerk of the county or municipality in and for 
which such election was held; and such clerk shall make 
and certify, under his hand and official seal, a copy 
thereof, and shall without delay deliver such copy to the 
person who shall be so declared elected; and in case of 
an election for senator, members of the assembly or any 
county officers, the county clerk shall within five days 
thereafter transmit to the secretary of state at Trenton 
another copy of such certificate, signed by him and at¬ 
tested by his official seal. 

161. Any applicant for such recount upon applying 
therefor shall deposit Vvith the county clerk such sum 
as such justice shall order as security for the payment 
of the expenses of such recount, or if such justice shall 
so order, shall file with the county clerk a bond to the 
incumbent, with two or more sureties, to be approved 
by such justice, in such sum as he may require, con¬ 
ditioned to pay all costs and expenses in case the original 
count be confirmed, or the result of such recount is not 
sufficient to change the result; the said justice shall fix 
and determine the amount of compensation to be paid 
for making such recount of Ahe ballots, and the costs 

had been declared elected, and had received his commission from the Gov¬ 
ernor. Justice Dixon held that it was too late to order a recount; that the 
certificate of election issued by the board of election had been superseded 
by the Governor’s commission, and that while, under the authority of the 
above section, a justice of the supreme court may, in a proper case, revoke 
a certificate of election, that power can be exercised only before the cer¬ 
tificate of election becomes thus superseded. See New Jersey Law Journal, 
January, 1901, p. 411. Under the iSQth section, reason to believe that an 
error sufficient to change the result of the election has been made, and prob¬ 
able grounds of such belief are all that are necessary to give jurisdiction to 
the justice. In re Election of Register of Essex County, 12 New Jersey 
Law Journal 271. 



ELECTIONS. 


93 


and expenses thereof; and if it shall appear that aii 
error sufficient to change the result has been made, then 
the expenses of such recount shall be paid by the county 
or municipality in and for which such election was held, 
upon the warrant of said justice, the same as other elec¬ 
tion expenses are paid; but if no error shall appear suffi¬ 
cient to change such result, then the expenses of such 
recount shall be paid by the party making the applica¬ 
tion. 


Contested Elections for.County, Township, City or 
Other Municipal Offices. 

162. The several circuit courts of this state shall have 
jurisdiction to hear and determine all cases in which the 
election of any officer or officers of any county, city, bor¬ 
ough, village, township or other municipality may be 
contested, and for that purpose the said courts shall 
always be open; such contest shall be commenced by 
filing a petition therefor within thirty days after any 
such election shall be held, (a) 

(a) Section 162, giving jurisdiction to circuit courts to hear and deter¬ 
mine contested elections, does not repeal a city charter provision that the 
city council shall be the sole judge of the election, returns and qualifications 
of its own members. Henry v. Camden, 13 Vroom 335. But see In re The 
Recount of the Thirteenth Ward Votes of Newark, 15 New Jersey Law 
Journal 10. The power of revision given to circuit courts by this section 
can be exercised only with reference to the grounds of contest enumerated 
in the act. In such procedure the constitutionality of the law cannot be 
adjudged. Billingham v. Mount, 14 Vroom 470. Section 162 confers upon 
the circuit court jurisdiction in cases of contested elections for city officers. 
McCoy V. Boyle, 22 Vroom 53. Justices of the peace are county officers 
within the meaning of this section. Gage v. Clark, 22 Vroom 97. The 
provision in section 162 and the following sections relating to the trial 
before the circuit courts of contested election cases, is not unconstitutional. 
Such trials are conclusive only for the time being, and do not prevent a re¬ 
trial on quo warranto. The act does not give the right to a trial by jury. 
Conger v. Convery, 23 Vroom 417, 444. As to the admission in evidence of 
the ballot-box and its contents, and the admission of the testimony of an 
expert on the workings of a ballot-box, see Convery v. Conger, 24 Vroom 
469, 658 and 663. In the petition presented under sections 162 to 177, the 
particular circumstances of the case must be set forth in such manner as 
will enable the court to see that the case is within the statute and will 
enable the incumbent properly to prepare for his defence. It is not enough 
to show that illegal votes were received in greater number than the plurality 


Jurisdiction 
in contested 
election 
cases for 
county and 
municipal 
offices. 




ELECTIONS. 


94 


Grounds of 
contest. 


Fraud, etc. 


Ineligibility. 


Conviction 
of certain 
crimes. 


163. Such election may be contested upon one or more 
of the following grounds, viz.: 

I. Malconduct, fraud or corruption on the part of the 
members of the board of election in any election district, 
or of any members of the board of county canvassers, 
sufficient to change the result; 

II. When the incumbent was not eligible to the office 
at the time of the election; 

III. When the incumbent had been duly convicted 


returned for the incumbent; there must also be shown circumstances render¬ 
ing probable, prima facie, a conclusion that these illegal votes were cast for 
the incumbent. Lehlbach v. Haynes, 25 Vroom 77; and see, also, Lippincott 
V. Felton, 32 Vr. 291 . A petition for a recount of an election for fraud 
in one district will not authorize the court to try the question of fraud in 
another district. If the answer sets up new matter constituting a distinct 
charge to be investigated by the court, it must be in writing, in detail, and 
under oath. The petition must be under oath and in detail, and must be 
endorsed (or signed) by fifteen electors, and duly verified. It must give the 
names of those whose votes were improperly rejected, if known, and if not 
known, such fact must be alleged. Burroughs v. Brunning, 9 New Jersey 
Law Journal no. There is a difference between the requisites of a petition 
under section 159 ante and section 162 above. Under section 159, reason to 
believe, and probable grounds of belief, are all that are necessary to give 
jurisdiction to the court; under section 162, it is only upon certain specified 
grounds that relief can be had, which grounds are set forth in section 163. 
In re Flection of Register of Essex County, 12 New Jersey Law Journal 
271 . In a contested election case under section 162 and the succeeding sec¬ 
tions, the admission by the incumbents of the facts stated generally in the 
petition is not sufficient basis for a final judgment. The affidavit annexed 
to the petition must show means of knowledge in the affiant of the facts 
sworn to, and must state particular facts and not mere belief. The dismissal 
of one petition is not a bar to the filing of other petitions by the same con¬ 
testant. Cleary v.. Kendall, 13 New Jersey Law Journal 134. See, also, 
Cleary v. Kendall, 24 Vr. 130. The oath or affirmation required by sec¬ 
tion 166 should be made by persons cognizant of the particular circumstances 
alleged in the petition, and should attest the truth of those allegations. 
Johnson v. Allen, 26 Vr. 400. A judgment of the supreme court rendered 
on an appeal taken to the supreme court from the. judgment of any circuit 
court in a contested election case, cannot be reviewed by the court of errors 
and appeals on a writ of error. See General Statutes, p. 1394, section 24, 
and O’Brien v. Benny, 29 Vr. 189. The incumbent is not bound to file any 
answer to the contestant’s petition. Lippincott v. Felton, 32 Vr. 291. The 
petition must be verified not only as to the grounds and circumstances of the 
contest, but also as to the fact that at least fifteen of the petitioners are 
qualified voters as required by the one hundred and sixty-sixth section. Smith 
V. Smith, 41 Atl. Rep. 753. It is not necessary that the petition shall set 
forth the reason for rejecting ballots by the canvassers, and in the affidavit 
verifying the petition the particulars of the case need net be set forth. 
Hackett V. Mayhew, 33 Vr. 481. At an election for village trustee four of 
the ballots counted for Ira A. Kip, Jr., read respectively, “Ira A. Kipp,” 
“I. Kip, Jr.,” “Ira A. Kip,” and “Kipp,” and it was held that they were 
erroneously counted for Ira A. Kip, Jr. Weeks v. Kip, 35 Vr. 61. 



ELECTIONS. 


95 


before such election of any crime which would render 
him incompetent to exercise the right of suffrage, and 
the incumbent had not been pardoned at the time of the 
election; 

IV. When the incumbent had given or offered to any 
elector or any member of a board of election,- clerk or 
canvasser, any bribe or reward, in money, property or 
thing of value, for the purpose of procuring his election; 

V. When illegal votes have been received, or legal 
votes rejected at the polls sufficient to change the result; 

VI. For any error in any board of canvassers in count" 
ing the votes or declaring the result of the election, if 
such error would change the result; 

VII. For any other cause which shows that another 
was the person legally elected, (a) 

164. The term ‘‘incumbent’' in this act means the per¬ 
son whom the canvassers declare elected; but in case of 
a tie vote either party may contest the election, in which 
case the term “incumbent” means the person having an 
equal number of votes with the contestant. 

165. When the misconduct complained of is on the 
part of the members of the board of election in any elec¬ 
tion district, it shall not be held sufficient to set aside the 
election, unless the rejection of the vote of such district 
would change the result as to that office. 

166. The contestant shall file a petition in writing 
signed by himself and at least fifteen qualified electors 
of the county, township or municipality in and for which 
such election was held, as the case may be, setting forth 
one or more of the causes specified and the particular 
circumstances of the case, duly verified by the oaths or 
affirmations of at least two of said petitioners, which 
shall be filed with the clerk of said court, together with a 
bond to the incumbent, with two or more sureties, to be 
approved by the justice holding such circuit, in the penal 

(c) As to the sufficiency of a petition filed under the authority of this 
clause, see Groth v. Schlemm, 23 New Jersey Law Journal 238. 


Bribery. 


Illegal 
voting, etc. 


Error in 
canvassing. 


Other causes. 


Definition of 
“incumbent.” 


Effect of 
misconduct 
of board of 
election. 


Contestant 
to file 
petition and 
bond. 




96 


ELECTIONS. 


Contents of 
petition. 


Time 
appointed 
for hearing. 


Trial at 
appointed 
time unless 
adjourned. 


Proceedings 
as in action 
at law. 


Attendance 
of witnesses 
and produc¬ 
tion of 
ballots, etc., 
compulsory. 


sum of five hundred dollars, conditioned to pay all costs 
in case the election be confirmed, or the petition be dis¬ 
missed or the prosecution fail. 

167. When the reception of illegal or the rejection of 
legal voters is alleged as a cause of contest, the names 
of the persons who so voted, or whose votes were re¬ 
jected, with the election district where they voted, or 
offered to vote, shall be set forth in the petition, if 
known; the court shall appoint a suitable time for hear¬ 
ing such complaint, not more than thirty nor less than 
fifteen days thereafter; and the contestant shall cause 
a notice of such trial, with a copy of the contestant’s pe¬ 
tition, to be served on the incumbent at least ten days be¬ 
fore the day set for trial. 

168. The trial shall proceed at the time appointed 
unless postponed for good cause shown by either party 
by affidavit, the terms of which postponement shall be 
in the discretion of the court; provided, the court may, 
for its own necessity or convenience, adjourn to such 
time, not more than thirty days thereafter, as it may see 
fit, of which adjournment the parties interested shall 
take notice. 

169. The proceedings shall be similar to those in an 
action at law so far as practicable, but shall be under 
the control and direction of the court, which shall hear 
and determine the matter without a jury, with power to 
order any amendments in the petition or proceedings as 
to form, and to allow adjournments to any time not more 
than thirty days thereafter for the benefit of either party^ 
on such terms as shall seem reasonable to the court, the 
grounds for such adj ournment being shown by affidavit. 

170. The said court shall have authority and power 
to compel the attendance of any officer of such election, 
and of any other person capable of testifying concerning 
the sarnie, and also to compel the production of all bal¬ 
lot-boxes, books, papers, tally lists, ballots and other 
documents which may be required at such hearing; the 



ELECTIONS. 


97 


style, form and manner of service of process and papers, 
and the fees of officers and witnesses, shall be the same 
as in the circuit court in other cases, as far as the nature 
of the case admits. 

171. The court may require any person called as a 
witness who voted at such election, to answer touching 
his qualification as a voter, and if the court, from his 
examination, or otherwise, is satisfied that he was not 
a qualified voter in the election district where he voted, 
then the court can compel him to answer for whom he 
voted; and if the witness answers such questions no part 
of his testimony on the trial shall be used against him 
in any criminal proceeding. 

172. The contestant and incumbent shall be liable to 
the officers and witnesses for the costs made by them, 
respectively; but if the election be confirmed, or the peti¬ 
tion dismissed, or the prosecution fail, judgment shall 
be rendered against the contestant for costs; and if the 
judgment be against the incumbent, or the election be set 
aside, then he shall pay the costs at the discretion of the 
court; and after the entry of the judgment of the court 
the costs may be collected by attachment or otherwise. 

173. The court shall pronounce judgment whether the 
incumbent or any contestant was duly elected, and the 
person so declared elected will be entitled to his cer¬ 
tificate; if the judgment be against the incumbent, and 
he has already received the certificate of election, the 
judgment shall annul it; if the court find that no person 
was duly elected, the judgment shall be that the election 
be‘set aside. 

174. When either the contestant or incumbent shall 
be in possession of the office, by holding over or other¬ 
wise, the court shall, if the judgment be against the 
party in possession of the office, and in favor of his 
antagonist, issue an order to carry into effect its judg¬ 
ment, which order shall be under the seal of the court, 
and shall command the sheriff of the county to put the 


Witness 
compelled to 
testify as to 
his qualifica¬ 
tion to vote, 
etc. 


Liability 
for costs. 


Judgment 
given by 
court. 


Successful 
party to be 
put into 
possession 
of office. 


7 EI.EC 



98 


ELECTIONS. 


Appeal may 
be taken to 
supreme 
court. 


Appeal 
to have 
precedence 
on calendar. 


If appeal be 
affirmed, 
judgment of 
circuit court 
to be 
enforced. 


successful party into possession of the office without de¬ 
lay, and to deliver to him all books, papers and effects 
belonging to the same. 

175. The party against whom judgment is rendered 
may appeal for error of law only, within twenty days, 
to the supreme court, (a) but such appeal shall not super¬ 
sede the execution of the judgment of the court, unless 
the party so appealing shall become bound to the other 
party by recognizance, as provided in the thirteenth sec¬ 
tion of the act entitled ‘‘An act respecting writs of error’^ 
(Revision), approved March twenty-seventh, eighteen 
hundred and seventy-four; provided, the amount of such 
recognizance shall be fixed by the judge who presided at 
the trial, and shall be at least double the probable con> 
pensation of such officer for six months. 

176. Such appeal shall take precedence over all other 
causes upon the calendar, and shall be set down for hear¬ 
ing, and determined upon the first day of the term, unless 
otherwise ordered by the court for its convenience; pro¬ 
vided, that the appellant shall give ten days' notice of 
argument, unless the judgment of the circuit court shall 
not have been given in time to notice such appeal for 
trial on the first day of the term, in which case the same 
may be noticed for any other day in the term, and shall 
have the same precedence on such other day. 

177. If, upon appeal, the judgment be affirmed, the 
judge who presided at the trial, or in his absence or 
inability to act, any justice of the supreme court, shall 
order the judgment of said circuit court to be enforced, 
if the party against whom judgment is rendered is in 
possession of the office; and the proceedings on the re¬ 
cognizance shall be as provided for in other cases in said 
supreme court. 

(o) At a township election fourteen ballots were cast, on which a person 
had written his own name as a candidate in a blank space under the words 
“Chosen Friicholder.” Held, that the question whether these ballots were 
invalid as marked ballots was one of fact for the circuit court, in proceedings 
under section 162, and that the decision of that court thereon could not be 
reviewed on appeal to Supreme Court. Hackett v. Mayhew, 33 Vr. 481. 



ELECTIONS. 


99 


Compensation of Election Officers and Expenses of 
Election. 


178. The compensation of each member of the boards 
of registry and election for all services performed by 
them under the provisions of this act shall be as follows: 
in cities having a population exceeding thirty thousand, 
for each registry day five dollars and for each election 
day, including the counting of the votes and the delivery 
of the returns and ballot-box with the contents to the 
municipal clerk, ten dollars; in all other cities, towns 
and other municipalities the compensation for such 
member shall be as follows; for each registry day three 
dollars, and for the election day, including the counting 
of the votes and the delivery of the returns and the bal¬ 
lot-box, seven dollars; and for all such services in con¬ 
nection with the general election or any special election 
held in and for the whole county, such compensation 
shall be twenty dollars in districts where the number of 
registered voters is not more than one hundred and fifty, 
twenty-five dollars in districts where the number of 
registered voters is more than one hundred and fifty and 
not more than three hundred, and thirty dollars in dis¬ 
tricts where the number of registered voters is more than 
three hundred, the said sum to be paid by the county 
collector; provided, however^ that whenever the regis¬ 
tration of voters for any local or charter election shall 
be held at the same time, in the same place and by the 
same board of registration and election as that for any 
general or special election in and for the whole county, 
and whenever any such local or charter election shall be 
held at the same time, in the same place and by the same 
board of registration and election as that for any general 
or special election held in and for the whole county, then 
and in that case the members of the said board of regis¬ 
tration and election shall not be entitled to the compensa¬ 
tion first above provided for, but shall only be entitled to 


Compensation 
of election 
officers in 
cities exceed¬ 
ing 30,000 


Other mu¬ 
nicipalities. 
[Amended, 
P. L. 1908, 
p. S8.] 


Paid by 

county 

collector. 

Proviso. 



lOO 


ELECTIONS. 


Compensa¬ 
tion to 
county and 
municipal 
clerks. 


Provision 
for expenses 
incurred by 
county and 
municipal 
clerks and 
other officers. 


[Amended, 
P. L. 1910, 
p. 474 .] 


Proviso. 


the compensation as is provided for in connection with 
the general election or any special eleption in and for the 
whole county; said sum to be paid by the county col¬ 
lector, which is to be in lieu of all other fees and charges 
whatsoever. [See section 286.] 

179. For the duties and services imposed upon and 
required of them by this act, the county clerks of the 
several counties and the clerks of the different cities, 
townships and other municipalities, shall be paid out of 
the county funds of their respective counties, or the 
funds of their respective municipalities, as the case may 
be, a fair and reasonable compensation, to be ascertained 
and determined, in the cases of the county clerks, by the 
boards of chosen freeholders of their respective counties, 
and in case of said municipal clerks, by the governing 
bodies of their respective cities, townships or munici¬ 
palities. 

180. All costs, charges and expenses incurred by the 
county and municipal clerks in carrying out the pro¬ 
visions of this act (except for. ballots furnished to 
individuals as hereinbefore provided), including the 
charges and expenses incurred for rooms for polling 
places and fitting up and arranging the same, the com¬ 
pensation of the district boards of registry and election 
and all other expenses incurred by any officer or person 
duly authorized in carrying out the provisions of this 
act, shall be regarded as election expenses and shall be 
paid in the case of the general election or any special elec¬ 
tion held in and for the whole county, by the respective 
counties, and in case of all other elections by the 
respective municipalities in and for which they are held, 
in the same manner as other county and municipal ex¬ 
penses are paid; but all bills before being paid shall be 
itemized and verified by the oath of the claimant and 
audited and approved by the clerk of the county, town¬ 
ship, city or municipality who contracted the bill 
charged for; provided, that nothing herein contained 



ELECTIONS. 


shall be construed as permitting compensation to any 
election agent or challenger; and the board of free¬ 
holders in each county shall include in their annual 
tax levy a sum sufficient to pay all the election expenses, 
and a reasonable compensation for the services of the 
county board of elections, the amount of which shall 
be determined by the board of chosen freeholders; 
provided, also, that the member of said county board 
of elections who shall be the secretary thereof, may 
receive an additional compensation not exceeding one- 
third of the compensation of the individual members 
of said board, except in counties of the first class, where 
there shall be a clerk of said board who shall receive 
such compensation as shall be fixed by said board of 
freeholders; provided, that the expense of the advertis¬ 
ing and publication prescribed by section seven of this 
act shall be chargeable to and paid by the respective 
townships, cities or other municipalities whose clerks 
shall cause the prescribed advertising and publication, 
and the board or body having charge of the finances 
of the respective townships, cities or other munici¬ 
palities shall include in their annual tax levy a sum 
sufficient to pay the expense of said prescribed advertis¬ 
ing and publication. 

Congressional Districts. 

181. [This section is wholly superseded by P. L. 
1901, p. 94, contained in section 252 post.^ 

182. Each of said districts shall elect one person to 
represent this state in the house of representatives of the 
United States, which election shall be held on the Tues¬ 
day next after the first Monday in November, in the year 
one thousand eight hundred and ninety-eight, and on the 
Tuesday next after the first Monday in November in 
each second year thereafter. 


lOI 


Proviso. 


Proviso. 


Election of 
representa¬ 
tives. 



102 


ELECTIONS. 


Miscellaneous. 


Qualifications 
of representa¬ 
tives and 
presidential 
electors. 


What offices 
are incom¬ 
patible. 


Who are 
intended 
by “legal 
voters” in 
questions 
submitted 
for decision. 


183. No person shall be elected a member of the house 
of representatives, or an elector of president and vice- 
president, who shall hold any office of trust or profit 
under the United States; and no person shall be elected 
to the office of such elector who shall hold the office of 
senator or member of the house of representatives of the 
United States. 

184. No person shall hold at the same time more than 
one of the following offices: Elector of president and 
vice-president of the United States, member of the house 
of representatives of the United States, member of the 
senate or of the general assembly of this state, county 
clerk, register, surrogate, sheriff or coroner; and if any 
person who shall have been elected or appointed to any 
such office shall, during the term for which he shall have 
been elected or appointed, be elected or appointed to 
another of such offices, and shall accept the same, such 
acceptance shall be deemed to make vacant the office to 
which he shall have been previously elected or appointed; 
and if any person shall, at any election, be elected to two 
or more of such offices, he shall accept but one of the 
same, and the other or others shall be deemed vacant. 

185. When by the provisions of any statute the deci¬ 
sion of any question has been or shall be submitted to 
the decision of a majority of the legal voters of this 
state or of any subdivision thereof; or when the ap¬ 
proval of a majority of the legal voters of this state or 
of any subdivision thereof is required in any statute 
before such statute takes effect or before any prescribed 
action or proceeding under such statute shall be valid 
and lawful, it is hereby declared that the intent and 
meaning in any such statute of the words ‘‘legal voters” 
are persons entitled to vote, and who do vote, at the time 
and in the manner prescribed in and by such statute upon 



ELECTIONS. 


103 


the question or proposition submitted; and that for the 
purpose of ascertaining what is a majority of the legal 
voters of any district defined in such statute, upon the 
proposition therein directed to be submitted, the persons 
who do not vote at such election shall not be estimated, 
counted or considered for the purpose of ascertaining 
what is a majority of the legal voters in such district, 
with respect to the proposition submitted; such votes 
shall be estimated and canvassed, and the result thereof 
determined by the several boards of election and boards 
of canvassers in the same manner as the results of other 
elections are estimated, canvassed and determined. 

186. The board of election in each election district, 
the board of county canvassers in each county, and the 
board of state canvassers shall, respectively, possess full 
power and authority to maintain regularity and order, 
and to enforce obedience to their lawful commands dur¬ 
ing their sessions respectively; and if any person shall 
refuse to obey the lawful command of any such board, 
or by disorderly conduct in their hearing or presence 
shall interrupt or disturb their proceedings, they may 
by an order in writing, signed by the chairman and at¬ 
tested by the clerk of such board, commit the person so 
offending to the common jail of the county in which they 
shall have met, for a period not exceeding three days, 
and such order shall be executed by any sheriff or con¬ 
stable to whom the same shall be delivered; or if a sheriff 
or constable shall not be present or shall refuse to act, by 
any other person who shall be deputed by such board in 
writing, and the keeper of such jail shall receive the 
person so committed, and safely keep him for such time 
as shall be mentioned in the commitment. 

187. No person shall make, lay or deposit any bet, 
wager or stake, to be decided by the result of any elec¬ 
tion, by the election or defeat of one or more persons at 
any election, or by any contingency connected with or 
growing out of any election; and all contracts for or on 


Police power 
of state, 
county and 
district 
boards. 


Betting, etc., 
unlawful. 



104 


ELECTIONS. 


account of any money, property or thing in action sc bet, 
wagered or staked shall be void; and any person who 
shall pay, deliver or deposit any money, property or 
thing in action upon the event of any bet, wager or stake 
prohibited by this section, may sue for and recover the 
same of the winner or winners, or person or persons, co 
whom the same, or any part thereof, shall have been paid 
or delivered, or with whom the same, or any part there¬ 
of, shall have been deposited, whether he or they shall 
have been a stakeholder or stakeholders, or other person 
or persons, whether or not the same shall have been paid 
over by such stakeholder, or whether or not such bet, 
wager or stake shall have been lost. 


Crimes and Penalties. 

188. If any person shall be guilty of willful and cor¬ 
rupt false swearing or affirming, or by any means shall 
willfully and corruptly suborn or procure any person to 
swear or affirm falsely, in taking any oath, affirmation 
or deposition prescribed or authorized by this act, he 
shall be deemed and taken to be guilty of a high misde¬ 
meanor, and, on conviction thereof, shall be punished 
by a fine not exceeding eight hundred dollars or impris¬ 
onment at hard labor not exceeding seven years, or both, 
at the discretion of the court, and be deemed and taken 
to be an incompetent witness thereafter for any purpose 
within this state, until such time as he shall have been 
pardoned. 

actions of ^^9- clerk of any county shall willfully and 

Sd"lec?e7a^ry corruptly supprcss, dcstToy, mutilate, change or alter any 
punished. statement or certificate of the result of any election, or 
any copy thereof, made in pursuance of this act, which 
shall have been delivered to or received by him, or omit 
or refuse to produce and lay the same before the board 
of county canvassers, or if the chairman or clerk of any 




ELECTIONS. 


105 


such board shall willfully and knowingly certify, sigh or 
attest any false or untrue statement of the result of any 
election, or any false or untrue statement of the deter¬ 
mination of any such board, or of the certificate thereto, 
or shall willfully and corruptly refuse or omit to certify, 
sign or attest any such certificate which he is by this act 
required to certify, sign or attest, or if any secretary of 
state or clerk of the board of state canvassers shall will¬ 
fully and knowingly certify, sign or attest any false or 
untrue statement of the result of any election, or any 
false or untrue statement of the determination of any 
such board, or of the certificate thereto, or shall will¬ 
fully and corruptly suppress, destroy, mutilate, change 
or alter any statement or certificate of the result of any 
election, or any copy thereof, made in pursuance of this 
act, which shall have been delivered to or received by 
him, or omit or refuse to produce and lay the same be¬ 
fore the board of state canvassers, every such person so 
offending, his aiders, procurers or abettors, shall be 
deemed and taken to be guilty of a misdemeanor, and on 
conviction thereof shall be punished by a fine not exceed¬ 
ing one thousand dollars, or by imprisonment at hard 
labor for any term not exceeding seven years, or both. 

190. If any person shall rob or plunder any ballot-box, 
or unlawfully and by stealth or violence take the same or baUot-boxes, 
remove therefrom any ballot, envelope or other paper, 
or exchange, alter or destroy any ballot or envelope, or 
other paper contained therein, or if any person other 
than the clerk of any county or the secretary of state, 
shall willfully and corruptly suppress, withhold, mutil¬ 
ate, destroy, alter or change any return, statement or cer¬ 
tificate, or any copy thereof, which shall have been made 
in pursuance of this act, and delivered to him to be filed, 
or which shall have been entruked or delivered to him 
to be delivered or transmitted to any other person or per¬ 
sons in pursuance of this act, every such person, his 
aiders, procurers and abettors, shall be deemed and taken 



ELECTIONS. 


io6 


Penalty for 
unlawful acts 
by members 
of district 
boards. 


/ 


Penalty for 
selling 
liquor on 
election day 


to be guilty of a misdemeanor, and on conviction thereof 
shall be punished by a fine not exceeding five hundred 
dollars, or by imprisonment at hard labor for any term 
not exceeding two years, or both. 

191. If any member of any district board of registry 
and election shall at any election knowingly and will¬ 
fully receive, or assent to receive, the vote of any person 
who is not by law entitled and qualified to vote at such 
election, or shall willfully and designedly make or sign 
any false or untrue statement or certificate of the result 
of any such election, or suppress, destroy, withhold, mu¬ 
tilate, change or alter any such statement or certificate, 
or any copy thereof made in pursuance of this act, or 
shall knowingly and willfully make any false or untrue 
entry in any poll-book, or shall, in canvassing and esti¬ 
mating the votes received at any such election, willfully 
and corruptly write any figure or mark opposite the 
name of any person voted for at such election, or refuse 
or omit to write any such figure or mark when he is by 
this act required so to do, or shall corruptly and without 
sufficient excuse omit or refuse to deliver or transmit to 
the clerk of such county, within the time by this act pre¬ 
scribed, the statement of the result of any such election, 
which shall have been delivered to him to be delivered or 
transmitted to such clerk, every person so offending, his 
aiders, procurers, and abettors, shall be deemed and taken 
to be guilty of a misdemeanor, and on conviction thereof 
shall be punished by a fine not exceeding five hundred 
dollars, or imprisonment at hard labor for any term not 
exceeding two years, or both. 

192. In addition to the penalties provided by law for 
the unlawful sale or offer to sell or exposure for sale 
of any spirituous, vinous, malt or intoxicating liquors 
on any election day, evefy person so offending, for every 
offense, shall forfeit and pay the sum of one hundred 
dollars, to be sued for and recovered in an action of debt 
in any court having jurisdiction.of that amount, by any 



ELECTIONS. 


107 


citizen of this state, resident in the county where such 
offense shall be committed, one-half of which penalty 
shall, when collected, be paid to the county collector of 
said county where said offense is comrhitted for the 
benefit of said county, and the other half to the person 
who shall prosecute for the same. 

193. Spirituous, vinous, malt or intoxicating liquors 
shall not be brought by any person into the polling place 
on the day of election, or on any day of registry during 
the hours that the election or registration is in progress, 
nor during the counting or canvassing of the votes; any 
violation of the provisions of this section shall be a mis¬ 
demeanor, punishable by a fine not exceeding one hun¬ 
dred dollars or imprisonment not exceeding two months, 
or both. 

194. It shall be the duty of all sheriffs, under-sheriffs, 
police officers and constables, on any election day, during 
the hours of election, to arrest without warrant all per¬ 
sons who shall be found by them in the actual violation 
of any law prohibiting the sale, or offer to sell or ex¬ 
posure for sale, of any spirituous, vinous, malt or intoxi¬ 
cating liquors on any election day, and take such per¬ 
son when arrested before some recorder, police justice or 
justice of the peace of the county in which such arrest 
shall be made, to be dealt with by him according to law; 
and it shall be the further duty of such sheriffs, under¬ 
sheriffs, police officers and constables, to effectually close 
up all places where they shall have good reason to believe 
any spirituous, vinous or malt liquors, ale, beer or cider, 
are being sold or offered or exposed for sale or given 
away, and keep the same effectually closed up till after 
such election. 

195. No person shall falsely make, or make oath to, 
or fraudulently deface or fraudulently destroy any cer¬ 
tificate of nomination or petition, or any part thereof, or 
file, or receive for filing, any certificate of nomination 
or petition, knowing the same or any part thereof to be 


Penalty for 
having 
liquor in 
polling place. 


Duty of peace 
officers re¬ 
garding sale 
of liquor on 
election day. 


Penalty for 
destroying 
certificate of 
nomination, 
etc. 



ELECTIONS. 


io8 


Penalty for 
hindering 
voters, 
destroying 
ballots, etc. 


Penalty for 
neglect of 
duty by any 
officer. 


falsely made, or suppress any certificate of nomination 
or petition which has been duly filed, or any part thereof, 
or forge or falsely make the official indorsement of any 
ballot or official envelope; every person violating any of 
the provisions of this section shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be 
punished by imprisonment for not more than five years. 

196. No person shall, during the election, with intent 
to hinder or delay said election, or to hinder or delay 
any voter in the preparation of his ballot, remove or 
destroy any of the ballots or pencils placed in the booths 
or compartments for the purpose of enabling the voter 
to prepare his ballot, nor on any pretext carry any 
official envelope from the polling-room during the elec¬ 
tion; any person willfully violating any of the provi¬ 
sions of this section shall be deemed guilty of a misde¬ 
meanor, and on conviction thereof shall be punished by 
fine not exceeding five hundred dollars and imprisonment 
until such fine and the costs of the conviction are paid. 

197. Every public officer upon whom any duty is im¬ 
posed by this act who wilfully or negligently violates 
his said duty, or who neglects or willfully omits to per¬ 
form the same, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be punished by im¬ 
prisonment for a term of not more than three years, or 
by a fine of not more than three thousand dollars, or 
both such fine and imprisonment; any person charged 
with the care of official ballots or envelopes under this 
act, who shall willfully destroy them or either of them, 
shall be guilty of a misdemeanor, and upon conviction 
thereof shall be punished by imprisonment in state prison 
for not more than five years; any person who has under¬ 
taken to deliver official ballots and envelopes to the clerk 
of any city, township or municipality, and willfully or 
negligently neglects or refuses so to do, shall be guilty 
of a misdemeanor, and upon conviction thereof shall be 



ELECTIONS. 


punished by imprisonment in the county jail for not 
more than one year. 

198. No person shall, within the polling-room, show 
his ballot after it is prepared for voting to any person 
in such a way as to reveal the contents, nor shall any 
person within the polling-place or within a hundred feet 
thereof solicit the voter to show the same; no voter, at 
any election where official ballots are used, shall know¬ 
ingly vote or offer to vote any ballot except an official 
ballot inclosed in an official envelope, as by this act re¬ 
quired, nor shall any voter at any election where official 
ballots are not used, vote or offer to vote any ballot ex¬ 
cept the same be inclosed in an official envelope; any per¬ 
son violating any of the foregoing provisions of this sec¬ 
tion shall incur a penalty of twenty-five dollars for each 
offense, to be recovered by action of tort, before any 
court of competent jurisdiction, by any person who bona 
fide shall first bring suit therefor; no voter shall place 
or permit to be placed any mark upon the face or back 
of his ballot or official envelope by which the ballot 
or envelope may afterwards be identified by any other 
person as the one voted by him; whoever shall violate 
this last-mentioned provision of this section shall be 
deemed guilty of a misdemeanor, and on conviction shall 
be punished by a fine not exceeding five hundred dollars, 
or imprisonment not exceeding one year, or both, at 
the discretion of the court. 

199. If any printer employed by any county or mu¬ 
nicipal clerk to print the official ballots and envelopes, 
or either or any of them, for such clerk, or any person 
engaged in printing the same, shall appropriate to him¬ 
self or give or deliver or knowingly permit to be taken 
any of said ballots or envelopes by any other person than 
such county or municipal clerk or his duly authorized 
agent, or shall print or cause to be printed any official 
ballot or envelope in any other form than that prescribed 
by such coimty or municipal clerk, or with any other 


109 


Penalty upon 
voter for 
revealing 
contents of 
his ballot. 


For not 
using official 
ballots or 
envelopes. 


For marking 
ballot or 
envelope 
by voter. 


Penalty for 
violation of 
duty by 
printer. 



no 


ELECTIONS. 


Penalty for 
marking 
ballots or 
envelopes 


Penalty if 
member of 
board reveals 
how any 
person has 
voted. 


names thereon, or with the names spelled or the names 
or printing thereon arranged in any other way than that 
authorized and directed by this act, such person so offend¬ 
ing shall be guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine not exceeding one 
thousand dollars or imprisonment not exceeding five 
years, at the discretion of the court. 

200 . Tf any person shall write, paste or otherwise 
place upon any official ballot or envelope any mark, sign 
or device of any kind as a distinguishing mark whereby 
to indicate to any member of any. election board or other 
person how any voter has voted at any election, or if any 
person shall induce or attempt to induce any voter to 
write, paste or otherwise place on his ballot or envelope 
any mark, sign or device of any kind, as a distinguishing 
mark by which to indicate to any member of any election 
board or other person how such voter has voted, or shall 
enter into or attempt to form any agreement or con¬ 
spiracy with any other person to induce or attempt to 
induce voters or any voter to so place any distinguishing 
mark, sign or device on his ballot or envelope, whether 
or not said act be committed or attempted to be com¬ 
mitted, such person or persons so offending shall be 
guilty of a misdemeanor, and being thereof convicted, 
shall be punished by fine not exceeding five hundred 
dollars or imprisonment not exceeding one year, or both, 
at the discretion of the court. 

201. If any member of any board of election have 
knowledge how any person has voted and shall reveal 
such knowledge to any other person, or shall fraudu¬ 
lently or corruptly disclose what other candidates were 
voted for on any ballot bearing a name not printed 
thereon, or fraudulently or corruptly give any informa¬ 
tion concerning the appearance of any ballot or envelope 
voted, such person so offending shall be guilty of a mis¬ 
demeanor, and, on conviction thereof, shall be punished 



ELECTIONS. 


Ill 


by a fine not exceeding two thousand dollars or im¬ 
prisonment not exceeding five years. ' 

202. If any person shall, directly or indirectly, by 
himself or by any other person in his behalf, give, lend 
or agree to give or lend, or shall offer, promise or prom¬ 
ise to procure, or endeavor to procure, any money or 
other valuable consideration or thing to or for any 
voter, or to or for any person, in order to induce any 
voter to vote or refrain from registering for any elec¬ 
tion, or shall corruptly do or commit any of the acts in 
this section mentioned on account of any such voter 
having voted or refrained from voting at an election, 
or registered or refrained from registering at an elec¬ 
tion, such person so offending shall be guilty of a mis¬ 
demeanor, and, on conviction thereof, shall be punished 
by a fine and imprisonment, or both, at the discretion of 
the court, the fine not to exceed two thousand dollars, 
and the imprisonment not to exceed five years. 

203. Any person who shall directly or indirectly, by 
himself or by any other person in his behalf, give or 
procure, or agree to give or procure or offer or promise 
to procure, or endeavor to porcure any office, place or 
employment to or for any voter, or to or for any person 
on behalf of such voter, or to or for any other person, 
in order to induce such voter to vote or refrain from 
voting, or to register or refrain from registering, or shall 
corruptly do any act as aforesaid on account of any 
voter having voted or refrained from voting, or having 
registered or refrained from registering for any election, 
shall be guilty of a misdemeanor, and being thereof con¬ 
victed, shall be punished by fine not exceeding two thou¬ 
sand dollars, or imprisonment not exceeding five years, 
at the discretion of the court. 

204. Any person who shall give, advance or pay, or 
cause to be given, advanced or paid, any money or other 
valuable thing to any other person, or to the use of any 
other person, with the intent that such money or other 


Penalty for 
inducing 
person to 
vote or re¬ 
frain from 
registering 
by promise 
of reward. 


Penalty for 
promise of 
employment 
etc., to a 
voter. 


Penalty for 
giving or 
causing to be 
given any 
valuable 
thing as a 
bribe. . 




ELECTIONS. 


II2 


Penalty for 
agreeing to 
receive 
money, em¬ 
ployment, 
etc. 


Penalty for 
influencing 
an employe 
by threat, etc. 


valuable thing, or any part thereof, shall be expended, or 
used for bribery of voters, or for any other unlawful 
purpose at any election, or who shall knowingly pay, or 
cause to be paid, any money to any person wholly or in 
part expended in bribery of voters at any election, shall 
be guilty of a misdemeanor, and, on conviction thereof, 
shall pay such fine, not exceeding two thousand dollars, 
or undergo such imprisonment, not exceeding ten years, 
as the court in its discretion may impose. 

205. Any voter who shall directly or indirectly, by 
himself, or by any other person on his behalf, receive, 
agree or contract for any money, gift, loan or valuable 
consideration, office, place or employment for himself or 
for any other person for voting or agreeing to vote, or 
for refraining or agreeing to refrain from voting at any 
election, or for registering or agreeing to register, or for 
refraining or for agreeing to refrain from registering for 
any election, shall be guilty of a misdemeanor, and being 
thereof convicted, shall be punished by fine not exceeding 
one thousand dollars, or imprisonment for not longer 
than one year, at the discretion of the court.' 

206. Any employer of any workmen, or any agent, 
superintendent or overseer of any company or corpora¬ 
tion employing workmen, or any person whosoever, 
who shall directly or indirectly, by himself or by any 
other person in his behalf or by his direction, make use 
of or threaten to make use of any force, violence or re¬ 
straint, or inflict or threaten to inflict by himself or by 
any other person any injury, damage, harm, or loss 
against any person or persons in his employ, in order to 
induce or compel such employe or employes to vote or 
refrain from voting for any particular candidate or can¬ 
didates at any election, or on account of such employe or 
employes having voted or refrained from voting for any 
particular candidate or candidates at any election, or 
who shall, by any sort of duress, constraint or improper 
influence or by any fraudulent or improper device, con- 



ELECTIONS. 


iiv3 


trivance or scheme, impede, hinder or prevent the free, 
exercise of the franchise of any voter at any election, 
or shall thereby compel, induce or prevail upon any voter 
to vote for or against any particular candidate or candi¬ 
dates at any election, shall be guilty of a misdemeanor, 
and, being thereof convicted, shall be punished by a fine 
not exceeding two thousand dollars, or imprisonment 
not exceeding five years, or both, at the discretion of the 
court before which conviction is had. 

207. If any person shall on election day obstruct the Penalty for 
entrance to any polling-place, or shall obstruct or inter- °poiHng^p‘ifce. 
fere with any voter, or do any electioneering within any 

polling place, or publicly within one hundred feet of any 
polling place, he shall be deemed guilty of a misde¬ 
meanor, and, upon conviction thereof, shall be punished 
by a fine not exceeding fifty dollars. 

208. Any person not authorized by the prope'r officers 
who shall print or make any envelope of a like character 
and with the names and words contained on the official 
-envelope provided for in this act, or any person who 
shall on or prior to election day have in his possession 
an official envelope or an envelope made in imitation 
thereof, without being such person as is authorized by 
this act to have charge or possession thereof, shall be 
deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by imprisonment not exceeding 
one year. 

200 . Any person who shall, remove, destroy or muti- Penalty for 

removing 

late any registry list or copy thereof, or who shall before 
such election closes, remove, destroy or mutilate any 
list of voters posted in accordance with this act, shall 
be guilty of a misdemeanor, and shall be punished, on 
conviction thereof, by a fine of not more than one thou¬ 
sand dollars or imprisonment for not more than two 

years. Penalty for 

210. Any person who solicits from a candidate for miniyretc., 
any elective office any money or other property, or who canSdates. 

8 ELEC 



ELECTIONS. 


114 


Investigation 
of probable 
cause that 
this act has 
been violated. 


Proviso. 


Disfranchise¬ 
ment may be 
imposed as a 
penalty. 


Proviso. 


seeks to induce such candidate to purchase any ticket, 
card or other evidence of admission to any ball, picnic, 
fair or entertainment of any kind, shall be guilty of a 
misdemeanor, and upon conviction thereof shall be pun¬ 
ished by a fine not exceeding one hundred dollars or by 
imprisonment for a period not exceeding six months, 
or both; provided, however, this act shall not apply to 
a request for a contribution by an authorized represen¬ 
tative of the political party, organization or association 
of which such candidate is a member or by which he is 
nominated. 

211. If proof be made before any justice of the peace, 
recorder or police justice of facts constituting probable 
cause for believing that this act has been violated, and 
that any person or persons have knowledge of the cir¬ 
cumstances connected therewith, it shall be the duty of 
said justice or recorder to issue process of subpoena for 
the appearance of such person or persons other than the 
accused before him, to be examined touching the same 
provided, that the lawful expenses of such subpoena and 
examination shall be paid by the applicant therefor, 
and such evidence shall be filed with the clerk of the 
county, to be used before the grand jury; and provided 
further, that no such process of subpoena shall be issued 
or served nor any such examination held, on the day of 
election. 

212. In addition to the penalties provided for violar 
tions of any of the provisions of this act, the court im¬ 
posing such penalties may add thereto that such offender 
be thenceforth disfranchised as a voter and disqualified 
to hold any office of trust or profit within this state for 
such length of time as such court may deem proper; 
provided, nevertheless, that nothing in this act contained 
shall be held or construed to in anywise absolve or re¬ 
lieve any person or persons from any liability, penalty, 
prosecution, indictment or punishment, for or on ac- 



ELECTIONS. 


115 


count of any violation of any law in force at the time 
of the passage of this act. 

213. On the trial of any indictment against any per¬ 
son or persons for violation of any of the provisions of 
this act, all witnesses sworn on any such trial shall truly 
answer all questions put to them which the court shall 
decide to be proper and pertinent to the issue involved; 
and no witness shall be excused from answering any 
such question on the ground that to answer the same 
might or would incriminate him, or might or would 
tend to incriminate him; but no answer or answers made 
by any witness to any such question shall be used or 
admitted in evidence in any proceeding against said 
witness, except in case of a criminal proceeding for 
perjury in respect to his answers to such questions. 


On trial 
of any 
indictment 
witness must 
answer 
questions 
deemed 
nroper by 
the court. 


Primary Meetings. 


214. No person not at the time entitled to vote, by the 
laws of this state, at the special, general and local elec¬ 
tions held in this state, shall vote at any primary meet¬ 
ing or caucus called, or held by any political party or 
political organization of this state for the nomination 
or selection of persons to be voted for at any such 
elections, nor shall such person vote unless he is a legal 
resident of the political division in and for which such 
primary meeting or caucus is held. 

215. If any person not entitled to vote as aforesaid 
shall vote or offer to vote at any such primary meeting 
or caucus knowing or having reason to believe himself 
not entitled to vote as aforesaid, or if any person or per¬ 
sons shall counsel or procure anyone to vote as afore¬ 
said, knowing or having reason to believe such voter not 
entitled so to vote, or if any person having voted at any 
primary meeting held by any political party or organ¬ 
ization to nominate candidates or to elect delegates to 


Who may 
vote at 
primary 
elections. 


Penalty for 
false voting 
at primary. 



ELECTIONS. 


ii6 


Penalty for 
fraudulent 
actions at 
primary. 


nominate candidates, to be voted for at any election, 
shall vote or offer to vote at the primary meeting held by 
any other political party or organization held to nomi¬ 
nate candidates or to elect delegates to nominate can¬ 
didates to be voted for at the same election, such 
person or persons shall be deemed to be guilty of a mis¬ 
demeanor, and on conviction thereof shall for each 
offense be punished by imprisonment at hard labor for 
a term of not more than three months, or by a fine of not 
more than one hundred dollars, or both, at the option 
of the court. 

216. It is hereby made the duty of the judges, in¬ 
spectors and clerks or other officers of the primary elec¬ 
tions, meetings or caucuses held for the purpose of 
nominating candidates for state, city and county officers, 
within the cities of this state, before entering upon the 
discharge of their duties, severally to take and subscribe 
to an oath or affirmation in the presence of each other in 
form as follows, namely: 

(‘T,-, do-that I will, as judge, 

inspector or clerk (as the case may be), at the ensuing 
primary election, impartially and faithfully perform my 
duties in accordance with the laws of New Jersey, and 
in accordance with the rules and regulations adopted by 

the-party, of the county of- (as the case 

may be), for the government of the said primary elec¬ 
tions, meetings or caucuses to the best of my judgment 
and ability.”) 

The oath or affirmation shall be first administered to 
the judge by one of the inspectors; then the judge so 
cpLialified shall administer the oath or affirmation to the 
inspectors and clerks, and may administer the oath to 
any elector offering to vote as to his qualifications to 
vote at such election. 

217. If any judge, inspector, clerk or other officer of 
a primary election as aforesaid shall presume to act in 







ELECTIONS. 


117 


such a capacity before taking and subscribing to the oath 
or affirmation required by this act, or shall willfully dis¬ 
regard or violate the provisions of any rule duly made 
by the party of which he is a member, and for whom he 
is acting, for the government of the primary elections 
of the party, or if any judge or inspector of any primary 
election as aforesaid shall knowingly reject the vote of 
any person entitled to vote under the rules of the said 
party, or shall knowingly receive the vote of any person 
or persons not qualified as aforesaid, or if any judge, 
inspector, clerk or any other officer of a primary election, 
as aforesaid, shall be guilty of any willful fraud in the 
discharge of his duties, by destroying or defacing ballots, 
adding ballots to the poll, by false counting, by making 
false returns, or by any act or thing whatsoever, the per¬ 
son or persons so offending shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be punished by 
a fine not exceeding five hundred dollars, or by imprison¬ 
ment not exceeding one year, or both, at the discretion 
of the court, (a) 

218. If any person shall, directly or indirectly, give, 
offer or promise to give any sum or sums of money or 
any valuable thing in action, vituals, drink or prefer¬ 
ment or other considerations, by way of fee, reward, gift 
or gratuity, or other valuable present or reward to ob¬ 
tain, procure or influence the opinion, behavior, vote or 
abstaining from voting for the election of any delegate 
to any convention of any political party of this state, to 
nominate any candidate or candidates for member of the 
legislature of this state, for any member of congress of 
the United States, for electors for president and vice- 
president of the United States, for governor of this state, 
or for any candidate for any office in any county, city, 
town, township or borough in this state; or if any per- 

(o) This section does not apply to primaries for the selection of delegates 
to conventions to nominate candidates, but only to primaries held for the 
purpose of nominating candidates for state, city and county officers. 
Woodruff V. State, 25 N. J. L. /. 316. 



ii6 


ELECTIONS. 


son being a delegate to any political convention to nomi¬ 
nate candidates for any of the offices named in this act, 
shall, directly or indirectly, ask for, accept, receive or 
take any sum or sums of money, or other valuable con¬ 
sideration by way of fee, reward, gift or gratuity, or 
other valuable consideration for the giving or refusing 
to give his vote at any such convention, all and every of 
such persons so offering, asking or receiving the same, 
in either case aforesaid, shall be deemed and taken to 
be guilty of misdemeanor, and on conviction thereof 
shall be punished by a fine or imprisonment, or both, at 
^ . the discretion of the court; said fine not to exceed five 

hundred dollars, nor such imprisonment six months. 
Penalty for 219. Whoevcr shall, directly or indirectly, give, fur- 

eiection. nish, supply, offer or promise, or procure to be given, 
furnished, supplied, offered or promised, to any person 
or persons, any money, service, preferment or valuable 
thing with the intent that such money or valuable thing, 
or any other money, service, preferment or valuable 
thing shall be given, offered, promised or used, by any 
person or persons, by way of fee, reward, gift or gratu¬ 
ity, for giving or refusing to give any vote or votes of 
any citizen of this state, at any election of any public 
officer, state, county or municipal, to be held therein, 
or of any member of congress of the United States, of 
electors for president and vice-president of the United 
States, or at any election of any delegate or delegates 
to any political convention to be held for the nomination 
of any of the officers aforesaid, or by way of gift, gratu¬ 
ity or reward, for giving or withholding the vote or 
votes of any delegate or delegates at any such conven¬ 
tions, shall be guilty of a misdemeanor, and upon con¬ 
viction thereof shall be punished by a fine or imprison¬ 
ment, or both; such fine not to exceed the sum of ten 
thousand dollars, and such imprisonment not to exceed 
the term of one year. 



BXECTIONS. 


119 


Of Elections by Soldiers and Sailors Absent from the 
State in Time of War. 


220. Whenever in time of war any of the qualified 
electors of this state shall be in the actual military ser¬ 
vice of this state, or of the United States, in the army 
or navy thereof, by the authority of this state, or under 
a requisition from the president of the United States, 
and as such shall be absent from the election districts 
in which they reside, on the days appointed by law for 
holding any general, special or local election within this 
state, or within any congressional district, county, city, 
borough, town, township or municipality therein, such 
electors shall be entitled, at such times, to exercise the 
right of suffrage in their several districts in the manner 
and form hereinafter prescribed. 

221. Such absent elector shall by an instrument in 
writing, executed by him not more than sixty days pre¬ 
vious to any general or special election to be held in this 
state, authorize and empower any elector of the election 
district in which the said absent elector shall reside, on 
the day of said election, to cast for him his vote or ballot, 
in the manner prescribed in this act, for all officers for 
whom he would have a right to vote if he were present 
at such election; said instrument shall be signed by such 
absent elector, attested by two subscribing witnesses, and 
sworn (or affirmed) to before any field officer, captain, 
adjutant or commander of any regiment, company, bat¬ 
talion or detachment, or of any vessel or naval station to 
which the said absent elector may belong or be attached, 
and such officers are hereby duly authorized to admin¬ 
ister oaths and affirmations for the purposes specified in 
this act, and they shall attach to their signatures their 
official designations. 

222. The said absent elector shall make and subscribe 
an affidavit in the form or of the effect following: 


Right of 
soldiers and 
sailors to 
vote. 


Absent 
elector to 
designate 
certain voter 
to act for 
him. 


Form of 
affidavit. 




120 


ELECTIONS. 


Ballot 
prepared 
and sent to 
designated 
voter. 


Contents of 
instrument. 


‘T, A. B., do solemnly swear (or affirm) that I am a 
citizen of the United States, that I am now of the age of 
twenty-one years, that I have been (or will have been) 
a resident of the state of New Jersey for one year, and 

of the county of-for five months next preceding 

the election to be held on the - day of - 

eighteen hundred and -, and that I anii now a 

resident of the-ward of the city (or town) of 

-and that I am (or will be) in all respects quali¬ 
fied to vote in said city (or town) at said election, and 
until said election intend to be a resident thereof; and 
I do further swear that I am in the actual military service 
of the state of New Jersey (or of the United States), in 
the army (or navy) thereof, and that I am a member of 

company-of the-regiment (describing the 

organization or vessel to which he belongs), now at or 

near-—, in the state (or territory or country) of 

--. Sworn to and subscribed before me this- 

day of -, anno domini eighteen hundre d and 

__ »> 

223. The said absent elector in the service as afore¬ 
said shall prepare and fold the ballot he designs to cast 
at such election, and inclose the same, together with the 
instrument hereinbefore described, in an envelope, duly 
sealed, having on the outside thereof, either written or 
printed, the affidavit prescribed in the last preceding sec¬ 
tion of this act, sworn to and subscribed as therein re¬ 
quired; the said envelope, prepared as aforesaid, shall 
be inclosed by him in another envelope, marked “sol¬ 
dier’s (or sailor’s) vote,” sealed and directed to the elec¬ 
tor empowered by the aforesaid instrument to cast the 
ballot of said absent elector, and the said absent elector 
may then transmit the samie to the person to whom it is 
directed by mail or otherwise. 

224. The aforesaid instrument shall be in the words 
or of the effect following, namely: 
















ELECTIONS. 


I2I 


“I, A. B., a resident and elector of the (-- ward 

of the city (or township), or as the case may be) of 

-, in the county of-, in the state of New 

Jersey, but absent from my election district in the 
military service of the state of New Jersey (or of the 

United States) and now at -, in the state of 

-, in company-, of the-regiment of 

-, under the command of — , do hereby au¬ 
thorize, empower and direct C. D., of the election district 
above mentioned, to cast for me the ballot herewith in¬ 
closed at the election, to be held in said election district, 
on the-day of-, anno domini eighteen hun¬ 
dred -, in the manner provided by the laws of the 

state of New Jersey,’' 

22c;. The elector to whom such letter shall be directed Opening of 

envelope and 

rniay open the outer envelope thereof, but he shall not Jdiot^ 
open the inner envelope; on the day of such election, 
and between the opening and the closing of the polls 
thereof he shall deliver such inner envelope to the board 
of election of the proper election district, and at the polls 
thereof, and if the person whose name shall be signed 
to the affidavit on the outside of said envelope shall be 
determined by the said board of election to be a duly- 
qualified voter in such election district, said envelope 
shall be by the said board publicly opened, and the vote 
or ballot therein contained shall be duly deposited in 
the ballot-box prepared to receive the ballots of voters, 
and the name of such absent elector shall be entered 
upon the poll-list, together, with the name of the person 
delivering the ballot at the polls; no envelope containing 
a soldier’s or sailor’s ballot shall be opened by the board 
of election unless the name of the person signing the 
affidavit on the outside of said envelope shall be founa 
upon the registry list of the district where such person 
claims to reside, or unless an affidavit be made and sub¬ 
scribed by a voter of the district, to the effect that he 
knows that said person whose vote is so offered is a resi- 
















122 


All affi¬ 
davits, etc., 
preserved. 


Postmaster 
to take 
receipt. 


Oath made 
when 

presenting 

ballot. 


Penalty for 
failure to 
comply with 
duties 
required. 


ELECTIONS. 


dent of said district; the ballots contained in any such 
envelope which shall have been opened or unsealed before 
the same shall have been delivered to the board of elec¬ 
tion, shall not be deposited in the ballot-box, but shall be 
rejected. 

226. The affidavits and instruments hereinbefore de¬ 
scribed, and all envelopes marked “soldier’s or sailor's” 
votes, not opened at such elections, shall be kept and 
filed by the clerk of the election in the same manner and 
place as poll-lists of such elections are required by law to 
be filed and kept. 

227. Any person who shall be entitled to receive any 
letter or envelope marked as herein provided, before he 
shall take away the same, shall sign and deliver to the 
postmaster or his deputy or clerk, a receipt therefor, 
which receipt shall specify how many such letters or 
envelopes he has received, and otherwise, as far as may 
be specify the particulars of the description thereof; and 
any willful omission to com^ply with the provisions of 
this section shall be adjudged a misdemeanor, and any 
person convicted thereof shall be punished accordingly. 

228. The person to whom any soldier’s or sailor’s 
ballot shall be sent as herein provided, shall at the time 
of delivering the same to the board of election to be de¬ 
posited in the ballot-box, alsO' present his oath or affir¬ 
mation, in writing, setting forth that the ballot or ballots 
therewith presented have been received by him to deliver 
to said board of election, and that he has not in any 
manner changed, altered or opened the said ballot or 
ballots, or the inner envelopes thereof, and that he be¬ 
lieves the same have not been changed, altered or opened 
by any other person. 

229. Any member of any board of election, and any 
elector to whom said ballot shall be sent, who shall 
willfully neglect or refuse to perform any of the duties 
required of him as aforesaid, or who shall in any manner 
willfully violate or abuse any trust or duty hereby im- 



ELECTIONS. 


12.3 


posed, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine of 
not more than one thousand dollars, or by imprisonment 
in the county jail for a period not exceeding six months, 
or both. 

230. Every person who shall deliver or present to the 
board of election under this act, any false, forged, al¬ 
tered or changed ballot, envelope or instrument of any 
such enlisted elector, provided for by this act, knowing 
the same to be so altered, forged or changed, shall be 
deemed guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine not exceeding one 
thousand dollars, or by imprisonment at hard labor for 
any period not exceeding two years, or both. 

231. Any officer of this state, or of the United States, 
or any other person, who shall directly or indirectly 
control, or attempt to control, any such enlisted elector 
as aforesaid in the exercise of any of his rights under 
this act, by menace, bribery, fear of punishment, hope 
of reward, or any other corrupt or arbitrary measure 
or resort whatever, or to annoy, injure or otherwise 
punish any such absent elector for the manner in which 
he may have exercised any such right, shall be deemed 
guilty of an offense against the government and dignity 
of this state, which shall be punished as a misdemeanor, 
and for which he may be indicted and tried at any future 
time when he may be found within the limits of this 
state, and upon conviction he shall be punished by a fine 
not exceeding one thousand dollars, or by imprisonment 
at hard labor not exceeding two years, or both. 

232. The secretary of state is hereby authorized and 
required to prepare and have printed, at the cost of this 
state, the necessary blank forms and envelopes required 
to carry out the provisions of this act relative to the 
voting of enlisted electors; and shall cause the affidavits 
required by this act to be printed in blank upon the 
proper envelopes to contain the instrument required by 


Penalty for 
presentation 
of false 
ballot. 


Penalty for 
influencing 
enlisted 
voter by 
threat, etc. 


Secretary 
of state to 
prepare 
necessary 
blanks, etc. 




ELECTIONS. 


124 


this act; and shall at least one month previous to any 
general, special or local election cause such blank forms 
and envelopes, and copies of those sections of this act 
relating thereto, to be forwarded to the several regi¬ 
ments from this state, in the service of this state or of 
tlie United States in the field, and to the several hos¬ 
pitals, posts and naval stations, in sufficient quantity to 
furnish one copy of each blank form, envelope, and of 
the sections of this act required to be printed as afore¬ 
said, to each person in actual military service of this 
state, or of the United States, in the army or navy 
thereof, from this state, and absent therefrom; provided, 
however, that such absent electors shall have the right 
to vote as hereinabove provided without being required 
to use an official ballot or envelope. 

Repealer. 233. The act entitled “An act to regulate elections,’" 

approved April eighteenth, one thousand eight hundred 
and seventy-six, and all acts amendatory thereof and 
supplemental thereto, and all acts and parts of acts, 
general and special, inconsistent with this act, are hereby 
repealed, but this repealer shall not revive any act here¬ 
tofore repealed, and this act shall take effect immedi¬ 
ately; provided, that the members of any county board 
of elections and members of any district board of regis- 
ti-y and election, in office, shall continue in office until 
' the time or times herein provided for the commence¬ 

ment of the term of office of their successors. 


Official 
ballots, etc., 
required 
in local 
elections 
in towns and 
certain other 
municipali¬ 
ties. 


A Supplement to an act entitled “An act to regulate 
elections” [Revision of 1898], approved April fourth, 
one thousand eight hundred and ninety-eight. Ap¬ 
proved April I, 1902. P. L. 1902, p. 235. 

234. Sec. I. All the provisions of the act to which 
this act is a supplement, relating to the nomination of 
candidates and the use of official ballots and envelopes, 
shall apply to the charter, local, municipal and special 



EIvEGTIONa 


1^5 


elections in all of the towns of this state and in all other 
municipalities of this state however designated or gov¬ 
erned having within their territorial limits a population 
of more than eight thousand inhabitants, according to 
the last state or federal census, in the same manner and 
to the like effect as in and by said act the same are made 
applicable to the charter, local or special elections in the 
cities of this state, anything in said act to the contrary 
notwithstanding, (a) 


An Act to amend an act entitled “An act to regulate 
elections” [Revision of 1898], approved April fourth, 
one thousand eight hundred and ninety-eight. Ap¬ 
proved April- 2, 1902. P. L. 1902, p. 257. 

235. S'E^c. I. It shall be lawful for any candidate, the ordefectTve 
certificate of whose nomination, or petition for whose petitfo^i^^of^*^ 
nomination, shall have been filed as required by the act "Suzed! 
entitled “An act to regulate elections” [Revision of 

1898], approved April fourth, one thousand eight hun¬ 
dred and ninety-eight, if such certificate or petition, or 
any affidavit or affidavits thereto, be defective, to cause 
such certificate or petition, and the affidavit or affidavits 
thereto, to be amended in matters of substance or of form, 
as may be necessary, or such amendment or amendments 
may be made by filing a new or substitute certificate or 
petition, or affidavit or affidavits, and the same when so 
amended shall be of the same effect as if originally filed 
in said amended form; provided, hozvever, that every proviso, 
amendment shall be made at least five days before the 
election. 

236. Sec. 2. This act shall be liberally construed to 
protect the interest of candidates. 


(o) This act enlarges and supersedes the supplement contained in P. ly. 
1901, p. 324. See note (o) to section 85 ante. 




126 


ELECTIONS. 


First election 
in newly- 
crealed 
municipality, 
r Amended, 

P. L. 1898, 

P- 395 ] 


Proviso. 


First Elections in Newly-Created and Newly-Consoli¬ 
dated or Newly-Altered Municipalities. 

An Act relating to newly-created municipalities. Ap¬ 
proved February 24, 1898. P. L. 1898, p. 28. 

[Sections i and 2 have no relation to elections.] 

237. Sec. 3. On the filing with the county clerk of a 
copy of the act of incorporation of such newly-created 
municipality, certified under the hand and seal of the 
secretary of state, it shall be the duty of the county board 
of elections of the county in which such newly-created 
municipality is located, upon the application of any legal 
voter in such municipality, to prescribe and define the 
boundaries of such election districts as may in their opin¬ 
ion be necessary in said municipality and appoint a board 
of registry and election for each election district, with 
or without nominations, by the chairmen of the county 
committees of the political parties within each county; 
provided, however, that such division into election dis¬ 
tricts shall be made as far as practicable in such manner 
that no one of said districts shall contain more than six 
hundred voters, according to the last registry of voters 
made in the municipality or municipalities out of which 
the new municipality shall have been created, and that 
due regard shall be had for the geographical compactness 
of said districts and the convenience of voters; if the 
newly-created municipality shall be one that by the gen¬ 
eral laws governing it is required to bedivided into wards, 
no such division into election districts shall be made 
until after the lines of such wards have been established 
and then only with due regard for such ward lines; said 
county board of election shall also appoint the time, 
place or places and determine the manner of holding the 
first election within the newly-created municipality for 
the election of officers therein and the time or times, place 
or places and the manner of registering the voters for 



ELECTIONS. 


127 


such election; provided, that in determining the manner Proviso, 
of holding said election and making said registration said 
board shall so far as practicable follow the methods pro¬ 
vided by law generally for the conduct of elections for 
officers in such municipality and the making of the regis¬ 
tration therefor; and if official envelopes or official ballots 
be thought necessary the same shall be furnished by said - 
county board of election and said board shall in doing so 
perform the duties imposed by law upon the clerk of such 
municipality in the furnishing of official ballots or en¬ 
velopes for the election of municipal officers in such 
municipality; the county board of election shall there¬ 
upon cause notice to be given of the boundaries of such 
election districts as may have been prescribed and defined, 
the time, place or places and object of such election and 
of the time or times, place or places and manner of regis¬ 
tering the voters therefor, by posting advertisements 
thereof, signed by the chairman and secretary or clerk of 
the board, in five of the most public places within each 
election district in said newly-created municipality, and 
by publishing the same in at least one newspaper of their 
selection published in the county and circulating within 
the said municipality for such period as they shall think 
necessary; the boards of registry and election so ap¬ 
pointed shall prepare the registry and poll-list or lists for 
said first municipal election from the like lists used in 
each of the municipalities out of which the new munici¬ 
pality has been created at the last election held therein, 
and shall add thereto the names of all other qualified 
voters who shall be shown, by the affidavit in writing of • 
some voter in the election district, to reside therein, whose 
names are not on said old registry or poll-list; said board 
or boards shall procure the ballot-boxes or booths or 
compartments necessary for the holding of such first 
election, and in the conduct thereof and the estimate and 
canvass of the votes cast thereat, said board or boards 
shall in all respects possess the powers and perform the 



128 


ELECTIONS. 


duties conferred and imposed by the laws of this state 
upon like boards in the conduct and holding of elections 
for municipal officers in such municipality, except as 
may be otherwise directed by the county board of elec¬ 
tion, and with the further exception that the statement 
of the result of said first election, duly certified, shall be 
filed in the office of the clerk of the county within five 
days after such election; the reasonable cost of the 
booths or compartments, the preparation of registry or 
poll-lists, and the conduct and holding of said election 
as above provided, shall be borne by the newly-created 
municipality; all of the acts and proceedings of the 
county board of election under the authority of this act 
shall be by resolution or resolutions, a copy of which, 
duly certified under their hands, shall forthwith, after 
the adoption of the same, be filed in the office of the 
clerk of the county in which the newly-created munici¬ 
pality is located. 

[The remaining sections have no relation to elec¬ 
tions.] 


An Act concerning the part of the territory of any mu¬ 
nicipality annexed to any incorporated town, and pro¬ 
viding for the election of officers for such annexed 
territory as a part of the incorporated town to which 
it may be annexed. Approved April 8, 1903. P. L. 
1903, p. 521. 

Jnnexed^to ^ 37 ^* Whenever a part or portion of the ter- 

int^”a"!v^ard ' ^^7 Hiunicipality shall be annexed or consoli¬ 

dated with any incorporated town, pursuant to any 
special law, it shall be the duty of the common council or 
other governing body of such incorporated town, forth¬ 
with, after such annexation or consolidation shall take 
effect, to provide, by resolution, for the creation there¬ 
from of a new ward of such incorporated town, and in 
like manner to establish in such annexed territory one or 



EIvECTIONS. 


more election districts, and it shall be the duty of the 
proper municipal and election officers of such incorpor¬ 
ated town, or of the county wherein such incorporated 
town is situate, to designate therein one or more polling 
places and appoint therefor proper election officers, so 
that the legal voters residing in the annexed territory 
may participate in all subsequent elections to be held in 
the said incorporated town for the election of municipal 
officers. 

237^. Skc. 2. Immediately after the annexation or 
consolidation of such territory with such incorporated 
town and the creation of such new ward, the common 
council or other governing body of such incorporated 
town shall, by resolution, fix a time for the holding of 
a special election in the ward newly created, and there¬ 
upon the clerk of such incorporated town shall give ten 
days’ notice of such special election in the ward newly 
created, in the manner required by law for the adver¬ 
tisement and notice of elections in such incorporated 
town; and he shall publish with such notice a description 
of the boundaray lines of the ward of such incorporated 
town newly created. 

237c. Skc. 3. The said election shall be conducted 
under the pains and penalties and according to the pro¬ 
visions (so far as the same are applicable thereto) of an 
act entitled ^‘An act to regulate elections (Revision of 
1898),” approved April fourth, one thousand eight hun¬ 
dred and ninety-eight, and the supplements thereto and 
acts amendatory thereof; provided, that no registration 
of voters shall be required for such election. 

237c/. Sec. 4. On the day appointed for such election 
there shall be elected in said ward newly created and so 
annexed or consolidated with such incorporated town, 
as many members of the common council or other gov¬ 
erning body of such incorporated town, and as many 
members of the board of education of such incorporated 
town, and also one chosen freeholder and such other 
9 ELEC 


129 


Election 
districts to be 
established. 


First special 
election, 
time and 
notice of. 


Such elec¬ 
tion, how 
conducted. 


What officers 
to be elected 
and for what 
terms. 




ELECTIONS. 


130 


officers as the law provides to represent the wards of 
such incorporated town; the members of the common 
council or other governing body and of the board of 
education shall be elected to serve, one of each until his 
successor shall be chosen at the next annual charter 
election of such incorporated town, another of each until 
his successor shall be chosen at the second annual charter 
election of such incorporated town to be held thereafter, 
and the third of each (if there be a third member of 
each), until his successor shall be chosen at the third 
annual charter election of such incorporated town to be 
held thereafter; and the time for which each of the 
members of the common council or other governing 
body and of the board of education of such incorpor¬ 
ated town is to be elected to serve, shall be written or 
printed under his name upon the ballot to be cast; and 
any ballot which shall not designate such term of 
service shall be rejected as to such officer or officers. 

237^. Sec. 5. Upon the election of such officers, the 
vacated. officcs held by the members of the heretofore existing 
board of township committee or other governing body 
of the municipality, from which the territory so an¬ 
nexed or consolidated with such incorporated town was 
taken, and of the board of education and former election 
board of such municipality, residing within the territory 
so annexed or consolidated, shall and the same are 
hereby declared to be forthwith vacated. 


Municipal Elections in Cities. 


Municipal 
election in 
cities to be 
held in 
November. 


An Act relative to the time of election and appointment 
and terms of office of officers elected or appointed in 
cities in this state. Approved February 28, 1901. 
P. L. 1901, p. 41. 

238. Sec. I. Hereafter, in all cities in this state, all 
officers required to be elected therein at any municipal 



ELECTIONS. 


or charter election shall be voted for and elected on tke 
first Tuesday after the first Monday of November in each 
year, and with the same registration and upon the same 
official ballots required by law for the election of state 
and county officers, and not otherwise; and the said bal¬ 
lots voted as aforesaid for such officers shall be can¬ 
vassed, and the result of any such election therefor shall 
be determined as now provided by law in the case of 
county officers, and certified to the clerk of such city; it 
being the intention hereby to consolidate the municipal 
or charter election in cities with the general or state elec¬ 
tion, (a) 

239. Sec. 2. The term of office of every such elective JerS® 
officer (except justices of the peace) heretofore elected offiferY 
in any city, and holding office at the passage of this act, 

shall be and hereby is extended from the time when his 
term would otherwise expire until twelve o'clock noon of 
the first day of' January next succeeding the date at 
which his term! of office would otherwise expire; pro¬ 
vided, that this section shall not apply tO' any officer 
whose term of office now expires by law on the first day 
of January in any year. 

240. Sec. 3. Every officer heretofore appointed by 

the mayor in any city, or appointed or chosen by the eSSded. 
common council or other governing body of any city, 
and holding office therein at the passage of this act, shall 
continue in office, and his term of office shall be and 
hereby is extended from the time when his term would 
otherwise expire until twelve o'clock noon of the first 
day of Jaijuary next succeeding the date at which his 
term of office would otherwise expire; provided, that Proviso, 
this section shall not apply to any officer whose term of 
office now expires by law on the first day of January in 
any year. 


(o) This act is not unconstitutional. Boorum v, Connelly, 37 Vr. 197. 



132 


ELECTIONS. 


When terms 
of city officers 
shall begin. 


Vacancies, 
when and 
how filled. 


Powers of 
officers. 


Officers to 
continue in 
office. 


241. Sec. 4. The terms of office of all officers (ex¬ 
cept justices of the peace) hereafter elected in any city 
shall commence at twelve o’clock noon on the first day 
of January next succeeding their election, and continue 
for the respective terms of years now fixed by law; and 
the terms of office of all officers hereafter appointed by 
the mayor of any city, or appointed or chosen by the 
common council or other governing body of any city, 
except to fill vacancies, shall commence on the first day 
of January of the year in which they are appointed, and 
continue for the respective terms of years now fixed 
by law, when said term is for a definite period; provided, 
hozmver, that no appointment of any officer shall be 
made by the mayor of any city for a term of office to 
commence after the expiration of the term of said mayor, 
or by the common council or other governing body of 
any city for a term of office to commence after the ex¬ 
piration of the term of any member of said common 
council or other governing body. 

242. Sec. 5. All vacancies in offices in any city of 
this state arising from or created by any other cause 
than expiration of term of office, shall be filled for the 
unexpired term only; vacancies in elective offices shall 
hereafter be filled at the next general or state election, 
and not otherwise. 

243. Sec. 6. The powers, duties and authority of 
every officer whose term of office is extended by this 
act, are hereby continued in full force and effect for and 
during the period of such extension. 

244. Sec. 7. Every officer now or hereafter holding 
any office covered by the provisions of this act, except 
justices of the peace, shall continue to hold such office, 
and to exercise the duties thereof, notwithstanding the 
time limited for its continuance shall have expired, until 
his successor has been chosen and qualified, unless sooner 
removed in the manner provided by law. 



ELECTIONS. 


133 


245. Sec. 8. All acts and parts of acts, special or 
general, inconsistent with the provisions of this act, are 
hereby repealed. 

A Supplement to an act entitled ^‘An act relative to the 
time of election and appointment and terms of office 
of officers elected or appointed in cities of this state,’’ 
approved February twenty-eighth, one thousand nine 
hundred and one. Approved April 3, 1902. P. L. 
1902, p. 458. 

246. Sec. I. The term of office of every elective 
officer (except justices of the peace) holding office in 
any city at the passage of the act to which this is a sup¬ 
plement, which term, prior to the passage of said act, 
would regularly expire after the first and on or before 
the seventh day of January in any year, shall be and 
hereby is limited and abridged so as to expire at twelve 
o’clock noon on the first day of January of the year in 
which his term of office would otherwise expire. 

247. Sec. 2. The election of all persons voted for 
as elective officers of any city, and officially returned as 
elected after the passage of the act to which this is a 
supplement; and before the passage of this supplement, 
to succeed elective officers theretofore elected for terms 
expiring after the first and on or before the seventh day 
of January last (except justices of the peace), is hereby 
ratified and confirmed, and the terms of their predeces¬ 
sors terminated, and all persons so officially returned as 
elected shall be deemed legally elected and shall continue 
to hold office for the terms for which they were re¬ 
spectively elected, or intended to be elected as aforesaid, 
and with the same force and effect as if the terms of 
their predecessors had in fact expired on the first day of 
January last. 

248. Sec. 3. All acts and parts of acts inconsistent 
herewith are hereby repealed, and this act shall take 
effect immediately. 


Repealer. 


Terms of 

certain 

elective 

officers 

abridged. 


Certain 

elections 

ratified. 


Repealer. 





134 


ELECTIONS. 


Apportion¬ 
ment of 
members 
of general 
assembly 
amongst the 
several 
counties. 


Apportionment of Members of General Assembly. 

An Act to apportion the members of the general assem¬ 
bly among the several counties of this state. Ap¬ 
proved March 19, 1901. P. L. 1901, p. 81. 

249. Se)c. I. Hereafter the several counties of this 
state shall be entitled to elect as members of the general 
assembly the numbers herein provided: 

The county of Atlantic shall be entitled to elect one 
member; 

The county of Bergen shall be entitled to elect two 
members; 

The county of Burlington shall be entitled to elect two 
members; 

The county of Camden shall be entitled to elect three 
members; 

The county of Cape May shall be entitled to elect 
one member; 

The county of Cumberland shall be entitled to elect 
two members; 

The county of Essex shall be entitled to elect eleven 
members; 

The county of Gloucester shall be entitled to elect one 
member; 

The county of Hudson shall be entitled to elect twelve 
members; 

The county of Hunterdon shall be entitled to elect one 
member; 

The county of Mercer shall be entitled to elect three 
members; 

The county of Middlesex shall be entitled to elect three 
members; 

The county of Monmouth shall be entitled to elect 
three members; 

The county of Morris shall be entitled to elect two 
members; 



ELECTIONS. 


135 


The county of Ocean shall be entitled to elect one 
member; 

The county of Passaic shall be entitled to elect five 
members; 

The county of Salem shall be entitled to elect one 
member; , 

The county of Somerset shall be entitled to elect one 
member; 

The county of Sussex shall be entitled to elect one 
member.; 

The county of Union shall be entitled to elect three 
members; 

The county of Warren shall be entitled to elect one 
member; 

250. Skc. 2. In the interpretation of this act all referr interpreta- 
ences to counties shall be taken to refer to the .counties 

as they exist at the time of the passage of this act. 

251. Skc. 3. All acts and parts of acts inconsistent Repealer, 
with the provisions of this act are hereby repealed. 

Congressional Districts. 

An Act to divide the state into districts for the purpose ^ 
of electing members of the house of representatives of 
the United States, and prescribing the boundaries of 
such districts. Approved March 19, 1901. P. L. 

1901, p. 94. 

252. Skc. I. For the purpose of electing members of 

the house of representatives of the United States to serve defined, 
in the fifty-eighth congress, and in each subsequent con¬ 
gress, this state shall be divided into ten districts, as 
fqllows, namely: 

First. The counties of Camden, Gloucester and Salem 
shall constitute and be called the first district; 

Second. The counties of Cape May, Cumberland, At¬ 
lantic and Burlington shall constitute and be called the 
second district; 




136 


ELECTIONS. 


Third. The counties of Middlesex, Monmouth and 
Ocean shall constitute and be called the third district; 

Fourth. The counties t)f Hunterdon, Somerset and 
Mercer shall constitute and be called the fourth district; 

Fifth. The counties of Union, Morris and Warren 
shall constitute and be called the fifth district; 

Sixth. The counties of Bergen, Passaic and Sussex 
shall constitute and be called the sixth district; 

Seventh. The first, fourth, sixth, seventh, eighth, 
eleventh and fifteenth wards of the city of Newark, and 
the city of Orange, and the towns of Bloomfield, Mont¬ 
clair and West Orange, and.the boroughs of Glen Ridge, 
Caldwell and North Caldwell, and the townships of 
Franklin, Belleville, Livingston, Verona and Caldwell, 
all in the county of Essex, shall constitute and be called 
the seventh district; 

Eighth. The second, third, fifth, ninth, tenth, twelfth, 
thirteenth and fourteenth wards of the city of Newark, 
and the city of East Orange, and the town of Irvington, 
and the borough of Vailsburgh, and the village and 
township of South Orange, and the townships of Clinton 
and Millburn, all in the county of Essex, shall constitute 
'and be called the eighth district; 

Ninth. The city of Bayonne, the seventh, eighth, 
ninth, tenth, eleventh and twelfth wards of the city of 
Jersey City, and all the sixth ward of said city of Jer¬ 
sey City excepting that portion which lies north of the 
Morris canal and east of Summit avenue, and the towns 
of Kearny and Harrison, and the borough of East New¬ 
ark, all in the county of Hudson, shall constitute and be 
called the ninth district; 

Tenth. The first, second, third, fourth and fifth war^s 
of the city of Jersey City, and all that portion of the 
sixth ward of said city which lies north of the Morris 
canal and east of Summit avenue, and the city of Hobo¬ 
ken, and the towns of West Hoboken, Union, West New 
York and Guttenberg, and the townships of North Ber- 



ELECTIONS. 


137 


gen and Weehawken, and the borough of Secaucus, all in 
the county of Hudson, shall constitute and be called the 
tenth district; 

In the interpretation of this act all reference to coun¬ 
ties, cities, boroughs, townships, wards and other munici¬ 
pal divisions shall be taken to refer to such municipal 
divisions as they existed on the first day of January, 
A. D. nineteen hundred and one. 

253. Sec. 2. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Municipal Elections in Certain Villages. 

An Act concerning elections in certain villages. Ap¬ 
proved March 22, 1901. P. L. 1901, p. 362. 

254. Sec. I. Where any village has been, or may here¬ 
after be, set off from and composed in whole or in part 
of a portion of the original territory of any township, 
which township shall retain a separate township govern¬ 
ment, as such, including thereunder for township pur¬ 
poses the territory comprising said village, such village 
shall hold its annual election of village officers upon the 
same day upon which said township shall hold its annual 
election of township officers, and the term of office of all 
officers so elected shall commence on the first Monday in 
May following their election. 

255. Sec. 2. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Primary Elections. 

A Further Supplement to an act entitled ''An act to reg¬ 
ulate elections” (Revision of 1898), approved April 

fourth, one thousand eight hundred and ninety-eight. 

Approved April 14, 1903. P. L. 1903, p. 603. 

256. Sec, I. In addition to the elections for filling 
public offices that now are or hereafter may be held 


Interpreta¬ 
tion of act. 


Repealer. 


Charter 
election in¬ 
certain 
villages, 
when heltL 


Repealer. 


Selection of 
delegates at 
primaries. 
[Amended, 
P. L,. 1906, 
P. 5031 



ELECTIONS. 


138 


For what 
•offices. 


If candidate 
in one ward 
or township. 


Proviso. 


‘General plan. 


Time and 
place. 


How con- 
-ducted. 


under the laws of this State, there shall also be held 
primary elections for the selection of delegates to con¬ 
ventions of political parties, and for the nomination of 
candidates for certain public offices, as hereinafter pro¬ 
vided ; all candidates of political parties for the following 
offices, to wit: Presidential electors. Governor, mem¬ 
bers of Congress, members of the General Assembly, 
members of the State Senate, county clerk, surrogate, 
register of deeds, sheriff, county supervisor, coroner, 
mayor and for all elective offices in the State and in the 
cities, towns or other municipalities in this State to be 
voted for at the general election for memibers of As¬ 
sembly by the voters of more than one ward or town¬ 
ship, shall be nominated at conventions composed of 
delegates chosen at primary elections held pursuant to 
this act; all candidates of political parties for office to be 
voted for at the general election for members of As¬ 
sembly by the voters of a single ward or township shall 
be nominated directly, without the intervention of dele¬ 
gates or conventions, at primary elections held pursuant 
to this act; provided, that in cases where a single ward 
or township shall constitute an assembly district candi-f 
dates for member of the Assembly from such district 
shall be nominated at conventions composed of dele¬ 
gates chosen at primary elections held pursuant to this 
act. 

257. Sec. 2. The general scheme and purpose of this 
act shall be as follows: The said prim/ary elections shall 
hereafter be conducted at public expense; such primary 
elections for all political parties shall be held at the same 
time and place; the time shall be the first registry day, 
as hereinafter fixed, and the places shall be the places 
of holding the said registry in the fall of each year; and 
said primary elections shall be conducted by the boards 
of registry and election in a manner hereinafter pro¬ 
vided, from one o’clock until nine o’clock,?. M., and 



ELECTIONS. 


139 


■substantially as general elections for members of As¬ 
sembly are now conducted, with official ballots, ballot- 
boxes, registry lists and polling booths. The first regis¬ 
try day in cities having a population exceeding thirty 
thousand shall be held on the fourth Tuesday of Sep¬ 
tember in each year, except that in each year when a 
Governor is to be elected said first registry day shall be 
the second Tuesday in September, and in all election dis¬ 
tricts outside of cities having a population exceeding 
thirty thousand, the said boards of registry and elec¬ 
tion shall sit, for the purposes of this act, as primary 
election boards on the said second or fourth Tuesday 
of September. The clerk of the city, town, township, 
borough or other municipality, as the case may be, shall 
prepare the primary ballots of all political parties from 
the petition filed in their respective offices as herein 
provided. Not less than ten (except as hereinafter pro¬ 
vided) voters of any political party may file with the 
municipal clerk of their municipality a petition endors¬ 
ing any member of their political party as a candidate 
for the nomination of said party to public office, where 
such nomination is to be made at the primary election, 
or as a candidate for the position of delegate to a polit¬ 
ical convention of said party, where the party nomina¬ 
tion is to be made by convention, and requesting that 
the name of the person so endorsed be printed upon the 
official primary ballot of such political party. The said 
municipal clerks shall prepare official ballots for each 
political party for the said primary elections from the 
names of the persons so endorsed, arranging them al¬ 
phabetically, or in groups, as hereinafter provided. 
The municipal clerk shall also print upon the official 
ballot, opposite the name of any person endorsed as 
a candidate for the position of delegate, the name of the 
person who is the choice of such candidate for nomina¬ 
tion at the ensuing convention of his political party, 
whenever said clerk is requested so to do by said candi- 


Registration 


Amended, 

P. Ty. 1909, 
p. 160. 


Primary 

ballots. 


Petition for 
candidates. 


Official ballots 
prepared by 
municipal 
clerks. 



140 


ELECTIONS. 


Who may 
vote. 


Voter to 
prepare his 
ballot. 


Challenges. 


Voter may 
not vote in 
other box at 
next election. 


Party pri¬ 
mary books. 


date, except as hereinafter provided The ballots so 
prepared for each political party shall be the only bal¬ 
lots permitted to be voted at the primary elections. At 
such primary election the voters registered, or wha 
thereupon register for the ensuing general election, 
shall be qualified to vote at such primary. Each voter 
shall request the party ticket he desires to vote, and 
thereupon he shall receive from the board of registry 
and election an official ballot of said political party, 
prepared as aforesaid, and no other. The voter shall 
then retire to the voting booth and there prepare his 
ballot so as to indicate his choice for the candidates 
of his party to be there nominated, or his choice for 
delegates to the political convention of his political 
party, as the case may be, by erasing all names 
thereon other than those voted for, and shall then 
deposit said ballot in the ballot-box of his party, 
unless challenged, and if challenged, make oath that 
he is a member of the said political party; that 
at the last election for members of Assembly at which 
he voted he voted for a majority of the candidates whose 
names were printed upon the party ticlcet of the said 
party, and intends to support the candidates of the said 
party at the ensuing election. In the case of any voter 
voting for the first time in this State the portion of the 
said oath or affirmation in reference to previous voting 
shall be dispensed with. Any voter who shall be 
shown by the primary book hereinafter mentioned 
to have voted in the ballot-box of one political 
party at any primary election held under this act 
shall not be allowed to vote in the ballot-box of 
any other political party at the next thereafter succeed¬ 
ing primary election. In addition tO' the registry lists 
hereinbefore provided, there shall alsoi be kept two 
books or lists, one for each political party, which shall 
be called and labeled Republican Primary Book, and 
Democratic Primary Book, or as the case may be; the 



ELECTIONS. 


141 


board of registry and elections shall cause the name of 
each voter at said primary to- be written in ink, in the 
primary book of the party in whose ballot-box his vote 
is deposited. Each of these primary books shall be 
signed by the members of the board of registry and 
elections and delivered by said board to the clerk of the 
municipality at the time of the delivery of the ballot- 
boxes ; said primary books shall be kept by said clerk 
until the ensuing primary election, and then delivered 
by him to the board of registry and elections for use at 
such ensuing election. At any primary election the 
members of the board conducting the primary election 
for each political party shall refuse to- receive the vote 
of any voter offering to vote in the ballot-box of their 
political party, if the name of such voter appears in 
the primary book of the other political party as made 
up at the next previous-primary election. The said 
primary books shall be kept by the municipal clerk sub¬ 
ject to public inspection, and any voter whose name 
appears therein may apply to the judge holding the 
circuit court for his county, at any time prior to the 
next primary election to have his name stricken from 
said book; and said judge shall have power to hear 
said application in a summary way, at such time and 
upon such notice to such persons as he may prescribe, 
and if satisfied that the applying voter’s name has been 
improperly placed on said primary book, said judge 
may make an order directing the municipal clerk to 
erase said name from said primary book, and said clerk 
shall thereupon erase the same. 

258. Sec. 3. A political party within the meaning of 
this act shall be a political party which at the election 
for members of the general assembly next preceding the 
holding of any primary election held pursuant to this act 
polled for members of the general assembly at least five 
per centum of the total vote cast in the territorial dis¬ 
trict or division in and for which the nominations are 


Voter’s name 
must appear 
in previous 
primary 
book. 


Primary 
books open 
to inspection. 


Its correction. 


Political 
party and 
convention 
defined. 



142 


ELECTIONS. 


Preparation 
of primary 
ballots. 


Petition; 
what it is 
to contain. 
[Amended, 
P. h. 1906, 
P- 505-] 


iT.ade or delegates are chosen; the word ‘^convention'* 
within the meaning of this act shall be a “convention of 
delegates" or “nominating body of a political party" as 
defined in section thirty-eight of the act to which this 
act is a further supplement. 

259. Skc. 4. The official primary ballots to be used at 
all primary elections held pursuant to this act shall be 
prepared in the following manner, to wit: not less than 
ten legal voters of this State, who are members of the 
same political party, and resident in the same election 
district, may prepare and sign,, with their names, resi¬ 
dences and post-office addresses, a petition addressed to 
the clerk of such municipality as may be proper pursuant 
to the requirements of this act, setting forth that the 
signers are qualified voters of the election district in 
which they reside; that they are members of a political 
party (naming the same), and-that at the last election for 
members of the general assembly preceding the exe¬ 
cution of said petition they voted for a majority of the 
candidates whose names were printed in the first place 
upon the ticket of such party, and that they intend to 
affiliate with said party at the ensuing election; that 
they endorse the person or persons named in their peti¬ 
tion as candidate or candidates for nomination for the 
office or offices therein named, or for the position of 
delegate or delegates to the ensuing State, congressional, 
county, assembly, city or town, ward or other conven¬ 
tion (as the case may be) of said political party, and 
that they request the said clerk to print upon the of¬ 
ficial primary ballot of such political party the name 
of the person or persons therein mentioned as the can¬ 
didate or candidates for such nomination, or for the 
position of delegate or delegates to the said convention, 
as the case may be, and the names of persons nominated 
as candidates for office and names of persons nominated 
for the position of delegates may be contained in the 



EI.ECTIONS. 


same petition; said petition shall further state the resi¬ 
dence and post-office address of each person so en¬ 
dorsed, and shall certify that the person or persons so 
endorsed is or are legally qualified under the laws of 
this State to be nominated, or to act as delegate or dele¬ 
gates, as the case may be; each of the said petitions shall 
be verified by the oath or affirmation of one or more of 
the signers thereof, taken and subscribed before a per¬ 
son ‘qualified under the laws of New Jersey to adminis¬ 
ter* an oath, to the effect that such petition is signed in 
their own proper handwriting by each of the signers 
thereof; that such signers are, to the best of the knowl¬ 
edge and belief of the affiant, legal voters of the said 
election district as stated in said petition, and belong to 
the political party named in said petition, and that such 
petition is prepared and filed in absolute good faith for 
the sole purpose of endorsing the person or persons 
therein named, in order to secure his or their nomination 
or selection as stated in said petition; provided, that in 
any election district where the total number of votes cast 
for the candidate of any political party for Governor at 
the then next last preceding gubernatorial election did 
not exceed twenty-five the number of signers to any peti¬ 
tion of endorsement belonging to any said political party 
need not exceed one; provided, further, that the signers 
to any single petition shall not therein endorse and 
recommend more persons as candidates for the position 
of delegate or delegates than are to be chosen at the 
ensuing primary election in the election district in 
which the signers to said petition reside, nor shall said 
signers endorse more persons as candidates for nomina¬ 
tion to office than are to be elected in the election dis¬ 
trict in which such signers reside; said petitions shall be 
filed with the municipal clerk not less than ten days, 
prior to said primary election. 

260. Sec. 5. Accompanying said petition each person 
endorsed therein shall file a certificate, stating that he is 


MS 


Further 

statement- 


I'roViso- 


Proviso- 


Certificate of 
acceptance to 
accompany 
petition and 
the form 
thereof. 



144 


ELECTIONS. 


City and 
county com¬ 
mittees 
elected at 
primary 
elections. 
[Amended, 
P. L. 1909. 
P. 159] * 


Ballots 
prepared by 
municipal 
clerk. 


qualified for the office or position of delegate mentioned 
in said petition; that he consents to stand as a candidate 
for nomination or for the position of delegate, as the case 
may be, at the ensuing primary election, and that if 
nominated, he agrees to accept the nomination, and if 
chosen a delegate, he agrees to act as such delegate; each 
of said persons so endorsed for the position of delegate 
may further, if he so' elects, name the person or persons 
who is or who are his choice for nomination for office at 
the ensuing political convention, and may request .the 
said clerk to print the name of such person or persons 
opposite his own name upon the official primary ballot 
in the column prepared for that purpose, as in this act 
provided; the name of any person endorsed as aforesaid 
who shall fail to certify his consent and agreement as 
aforesaid shall not be printed upon the ballots to be used 
at such primary election. 

261. Sec. 6. In any county in this State the county or 
city committee of any political party shall be hereafter 
elected at the primary elections herein provided for, 
and the members of such county or city committee shall 
be elected by election districts at such primary elections 
in the manner provided in this act for the selection of 
party candidates to be voted for by the voters of a 
single ward or township; and the chairman o-f each 
county or city committee shall, on or before the first 
day of July in each year, file with the clerks of the 
several municipalities the number of committeemen to 
be elected to such county or city committee in each year, 
as provided by the constitution or by-laws of such 
committee. 

262. Sec. 7. The said municipal clerk shall prepare 
and cause to be printed separate official ballots, one ballot 
.for each political party, members of which have filed pe¬ 
titions as aforesaid, for use at such primary elections, 
placing thereon the names of the persons endorsed in said 
petitions; the names of all persons endorsed as aforesaid 



ELECTIONS, 


145 


by members of a political party, and no others, shall 
be placed upon the official ballot of that party; the said 
names shall be arranged upon said ballots in alpha¬ 
betical order, except that where several candidates for 
the position of delegate have named the same person 
or persons as their choice for nomination for office at the 
ensuing convention, the names of such candidates may 
be grouped together, being arranged in alphabetical 
order in such group; upon the right-hand side of the 
ballot shall be a column, in which shall be printed the 

words “Choice for —-” (Governor, Congress, 

sheriff, mayor, or as the case may be), in which column, 
and underneath the words aforesaid, shall be printed the 
name or names of the person or persons whom any can¬ 
didate for the position of delegate endorsed in any of 
said petitions may in his certificate request the muni¬ 
cipal clerk to print upon the official primary ballot as his 
choice for nomination for office at the ensuing political 
convention; if the names of candidates for the position 
of delegates are grouped as herein provided, the said 
names may be bracketed, and the name or names of the 
persons mentioned as the choice of said candidates at 
the convention may Le placed opposite the bracket; 
provided, that the name of any person shall not be 

printed in the column headed “Choice for-- 

opposite the name of any candidate for the position of 
delegate requesting the same to be so printed, if such 
person shall file a written protest with the said mluni- 
cipal clerk, requesting said clerk not tO' print his name 
opposite the name of the said candidate for the position 
of delegate At the head of the ballot of. each party 
shall be printed a distinctive party name or title, as, for 
example, “Democratic Primary Tickef’ or “Republican 
Primary Ticket’'; below, in appropriate places upon said 
ballots, shall be printed brief instructions to the voter, 
stating for how many candidates for each office, or for 
the position of delegate, the voter may vote,’and stating 
10 KivEC 


A.rrangement 
of names. 
[Amended, 

P. ly. 1906, 
p. J 07 -] 


ProTiso. 


Distinctive 
party name. 


Histrnction 
to voters. 





146 


ELECTIONS. 


Number of 
delegates. 


Proviso. 


Notification 
by chairman 
of county 
committee. 


that the voter must indicate his choice m each instance 
by erasing all names printed on said ticket, except the 
names of the candidates for whom he wishes to vote. 
The number of delegates to be elected in each election 
district by the voters of the respective political parties 
shall be as follows: For State conventions of the re¬ 
spective political parties there shall be one delegate for 
every two hundred votes cast by the political party for 
its candidate for Governor at the gubernatorial election 
next preceding the primary election in question, and one 
delegate for each fraction thereof over one hundred; 
for all other conventions of the respective political par¬ 
ties there shall be one delegate for eacii one hundred 
votes cast by the political party for its candidate for 
Governor at the gubernatorial election next preceding 
the primary election in question, and one delegate for 
each fraction thereof over forty; provided, that each 
election district shall be entitled to at least one delegate 
to each convention of each political party; but the dele¬ 
gate to any convention of a political party from any 
election'district which at the then last preceding guber¬ 
natorial election cast for the candidate of such party for 
Governor less than the number of votes required by this 
section for one delegate, shall have in such convention 
such vote or fraction thereof as may be determined by 
the official party call of such party for such convention. 
It shall be the duty of the chairman of the county com¬ 
mittee of each political party to notify the municipal 
clerk on or before the first day of July of each year of 
the number of delegates for which the members of the 
political party represented by the said chairman shall be 
entitled to vote in each election district in such munici¬ 
pality. In estimating the number of delegates to which 
any political party is entitled m the primary election, 
the said chairman shall be governed by the official elec¬ 
tion returns as filed in the office of the Secretary of 
State. It shall be lawful for any person who shall object 



ELECTIONS. 


147 


to the number of delegates to any political convention 
from any election district, as so fixed and determined, 
to mjake written application, duly verified, to the justice 
of the Supreme Court holding the Circuit Court in and 
for the said county, stating the facts of the case and the 
grounds of such objection, and requesting the said jus¬ 
tice to investigate and determine the matter according to 
law, and if such justice shall be of opinion upon the facts 
stated that the ends of justice so require, he shall there¬ 
upon proceed in a summary way to hear the said appli¬ 
cation and make such order thereon as may be proper 
and just, which order of said justice shall be forthwith 
filed with the said municipal clerk, and such order shall, 
fiom the date of the filing thereof, be conclusive upon 
all parties, and shall, according to its terms, modify, en¬ 
large or set aside whatever decision, if any, may have 
been made on such matter by said municipal clerk. 


Democratic Primary Ticket. 

263. Sec. 8. Said ballots, shall be made up and 
printed substantially in the following form, to wit: 


Erase in the first col¬ 
umn the names of candi¬ 
dates for delegates to con¬ 
ventions and candidates 
for direct nominations ex¬ 
cept those for whom you 
wish to vote. Erase by 
drawing a single line with 
a black lead pencil hori¬ 
zontally across the name. 
Do not make any other 
mark on the ticket. 

For Delegates to State 
Convention. 

(Vote for two.) 

John Doe 
Thomas Jones 
Henry Stone 
Jacob Smith 
James Thomas. 


Do not erase any names 
of the choice of such dele¬ 
gates for nominations by 
conventions which are in 
the second column. 


Choice for Governor. 
Samuel Roe 
Frank Potts. 


Objection to 
number of 
delegates. 


Summary 

hearing. 


Form of 
ballot, 

LAmended, P. 
Iv. 1907, p. 

423] 




148 


ELECTIONS. 


For Delegates to Congres 
sional Convention. 

(Vote for three.) 

John Abbott 
Frank Adams 
Charles Gordon 
Herman Keller 
Stephen Lewis 
John Williams 
Frank Young. 

For Delegates to County 
Convention. 

(Vote for two.) 

Charles Adams 
Thomas Bacon 
Patrick Fay 
Frank Kane. 

For Delegates to City 
Convention. 

(Vote for three.) 

William Crane 
James English Choice for Mayor. 

Charles Garrison. Thomas Evans. 

For Member of Common Choice for Street and 
Council. Water Commissioner. 

(Vote for one.) August Miller. 

Edward Hall 
George Jackson 
Peter Randall 
etc., etc., 

using so much of said form as may be applicable to the 
current election and extending the same to provide for 
cases not therein specified, and a like ballot shall be 
printed for all other political parties. 

Ballots, how 264. Sec. o.- All ballots shall be printed on plain 

printed, en . ' . . , ' ; . , 

dorsed, etc. white p^pcr unifoiiTi in Size and quality and type and of 
such thickness'that the printing thereon cannot be distin¬ 
guished from the back of the pap^, and without any 
mark, device or figure thereon except, as, .in arid; by this 


Choice for Surrogate. 
Charles Irving. 

Choice for Sheriff. 
Silas Jones. 


Choice for Congress. 
George Dickinson 
George Livingston. 





ELECTIONS. 


149 


act provided; on the back of such ballots shall be printed 
the words “Official Ballot of the-Party for Pri¬ 

mary Election, 190—after the designation of the 
year, which shall be in figures, shall follow the name of 
the election district of the mjunicipality for which the 
ballot is provided, followed by a fac-simile of the sig¬ 
nature of the municipal clerk by whom the said ballot 
shall be printed. 

265. Sec. 10. Said municipal clerk shall, prior to each 
primary election, at the time and as herein directed, 
provide and furnish for each existing political party, 
members of which have filed petitions as aforesaid, for 
the use of the voters at such primary, for each election 
district in his respective municipality, ballots of the 
kind and description aforesaid, equal to double the num¬ 
ber of votes cast by such political party at the then last 
preceding election for members of the general assembly 
held in such election district; when an election district 
shall be divided or the boundaries thereof changed, or a 
new district created, the municipal clerk shall ascertain 
as nearly as may be possible the number of voters in the 
new or re-arranged or divided district, and provide there¬ 
for a sufficient number of ballots in the above propor¬ 
tion ; no envelope shall be used at the primary elections 
held pursuant to this act. 

266. Sec. II. At least twenty days before any pri¬ 
mary election shall be held under the provisions of this 
act, the clerks of the several municipalities of the state as 
may be proper, pursuant to this act, shall provide for and 
secure in each election, district of their respective munici¬ 
palities, a suitable room in which to hold the registry and 
the said primary election, and immediately on procuring 
said room, such clerk shall notify the registry or poll 
clerk, or board of registry and elections, of such voting 
district, that such room has been procured; and it shall 
be the duty of the clerk procuring such room to arrange 
the same for a polling room, in the manner required by 


Number of 

ballots 

furnished. 


Voting places, 
booths, etc., 
to be provided 
by municipal 
clerks. 




ELECTIONS. 


150 


Black lead 
pencils to be 
furnished. 


Delivery of 
ballots and 
boxes and 
receipts for 
same on 
primary day. 


Amended. 

P. L. 1910, 
p. 117. 


Separate box 
for each 
party. 


Kind of box. 


law for general elections, and to have constructed therein 
and ready for use before the primary elections, booths 
and compartments of the kind, number and description 
as are or may be by law required to be provided at the 
annual election for members of the general assembly; 
black lead pencils shall be provided and placed in said 
booths or compartments for use by the voter in preparing 
his ballot to be voted, and no other kind of pencil shall 
be used for such purpose. 

267. Sec. 12. The said municipal clerk shall, on the 
morning of the day preceding any primary election 
wherefore they are required by this act to provide ballots, 
cause to be delivered, at his office, to the clerks of the 
board of registry and election of each election district 
within his municipality, the ballots and the ballot-boxes 
provided for each election district, and to take a receipt 
of each election clerk therefor, which last mentioned 
receipt the clerk of such municipality shall file and pre¬ 
serve for the period of one year; said election clerks 
shall, on the morning of the primary election, before 
proclamation of the opening of the polls, deliver the 
ballot-boxes and the ballots by them received to the 
election boards of their respective election districts, with 
the seals thereof unbroken, and shall take receipts there¬ 
for from said election board, which said receipts said 
election clerks shall file with the municipal clerk, and 
the same shall be preserved for one year; said municipal 
clerk shall provide a separate ballot-box for each po¬ 
litical party for each election district in his respective 
municipality; said ballot-boxes shall be each composed 
of four glass sides, at least one foot wide and one foot 
high, with a wood or metal bottom and top, and with an 
opening at the top through which the ballots shall be 
inserted into the box; any ballot-box which can legally 
be used at any general election for members of General 
Assembly may be used at the primar}^ elections held pur¬ 
suant to this act. 



ELECTIONS. 


151 


268. Sec. 13. The boards of registry and election 
appointed by the county boards of registry to conduct 
the registry under the act to which this act is a supple¬ 
ment, and the poll clerks appointed by such boards of 
registry and election shall, in their respective election 
districts, hold and conduct the primary election herein 
provided for. Such primary elections shall be held an¬ 
nually on the fourth Tuesday in September preceding the 
annual election for members of Assembly, except that 
in each year when a Governor is to be elected said 
primary elections shall be held on the second Tuesday 
of September, and shall, as nearly as may be, except as 
herein provided, be in all respects held and conducted as 
elections for members of the General Assembly are held 
and conducted. The two memjbers of such board ap¬ 
pointed from the political party which at the last pre¬ 
ceding general election cast the largest number of votes 
in their county shall conduct the primary election of such 
party, having sole charge of the ballot-boxes of said 
party, and delivering, receiving and depositing the offi¬ 
cial ballots voted by members of such party, and hav¬ 
ing the sole right to challenge the voters offering to vote 
the ticket of such party as in this act provided; and the 
members of said board appointed from the political 
party casting the next largest number of votes in said 
county at said election shall, in like manner, conduct the 
primary election of such political party. All of the 
members of said board of registry and election shall con¬ 
duct the primary election of any other political party 
holding a primary election under this act, and shall also 
ascertain and certify to the result of the primary elec¬ 
tion of all political parties holding primary elections 
under this act in the manner herein provided in section 
fifteen; provided, that before proceeding with such elec¬ 
tion each of the four members of the board of registry 
and election shall take and subscribe an oath to be ad¬ 
ministered by any duly qualified person, or by one mem- 


Primary 
elections 
conducted 
by boards 
of registry 
and election. 


When held. 


Amended, 

P. L. 1909, 
p. 163. 


Charge of 
ballot-boxes. 


All election 
officers to act. 


Proviso. 

Oath. 



ELECTIONS. 


her of the board to the others, that they and each of 
them will, to the best of his understanding and ability, 
conduct such primary election honestly and in accord¬ 
ance with law; that they will challenge, in the manner 
provided in this act, the vote of any person offering to 
vote at such election whom they believe not entitled to 
vote thereat, and that they will also challenge the vote 
of any person at such election offering to vote in the 
ballot-box of one existing political party, whom they be¬ 
lieve, or have reason to believe to belong to another ex¬ 
isting political party, and that they will refuse to receive 
the vote of such person, in case such vote is challenged, 
until he shall have taken an oath or affirmation, to be 
administered by a member of the board in the form pre¬ 
scribed in section seventy-four (74) of the act to which 
this act is a further supplement, and also in the follow¬ 
ing form: 


Form of 
oath when 
challenged. 


Perjury. 

Voter not to 
vote in box 
of other party 
at next 
election. 


■ “You do solemnly swear (or affirm) that you are a 

member of the-political party (specifying the 

political party to which the affiant claims to belong) ; 
that at the last election for members of the General As¬ 
sembly at which you voted you voted for a majority of 
the candidates of said party whose names were printed 
on the ticket of said party, and that you intend to sup¬ 
port the candidates of said party at the ensuing election.” 
In the case of voters voting for the first time in this 
State the portion of said oath or affirmation in relation 
to voting at any previous election shall be dispensed 
with; and if the person so challenged shall refuse to take 
the oath or affirmation so tendered to him he shall be 
deemed not to be qualified or entitled to vote at such 
primary election. Any person making such oath or 
affirmation falsely shall be guilty of perjury. Any voter 
who shall be shown by the primary book hereinafter 
provided to have voted in the ballot-box of one political 
party at any primary election held under this act shall 




ELECTIONS. 


153 


not be allowed to vote in the ballot-box of any other 
political party at the next thereafter succeeding primary 
election. In addition to the registry lists hereinbefore 
provided, there shall also be kept twO' books or lists, 
one for each political party, which shall be called and 
labeled Republican Primary Book, and Democratic Pri¬ 
mary Book, or as the case may be; the board of registry 
and elections shall cause the name of each voter at said 
primary to be written in ink, in the primary book of 
the party in whose ballot-box his vote is deposited; 
each of these primary books shall be signed by the mem¬ 
bers of the board of registry and elections and delivered 
by said board tO' the clerk of the municipality at the 
time of delivery of the ballot-boxes; said primary books 
shall be kept by said clerk until the ensuing primary 
election, and then delivered by him tO' the board of 
registry and elections for use at such ensuing election. 
At any primary election the members of the board con¬ 
ducting the primary election for each political party 
shall refuse to receive the vote of any voter offering to 
vote in the ballot-box of their political party, if the 
name of such voter appears in the primary book of the 
other political party as made up at the next previous 
primary election. The said primary books shall be kept 
by the municipal clerk subject to public inspection, and 
any voter whose name appears therein may apply to- 
the judge holding the circuit court for his county, at 
any time prior tO' the next primary election toi have his 
name stricken from said book; and said judge shall 
have power to hear said application in a summary way, 
at such time and upon such notice to such persons as 
he may prescribe, and if satisfied that the applying 
voter’s name has been improperly placed on said pri¬ 
mary. book, said judge may make an^ order directing 
the municipal clerk to erase said name from said pri¬ 
mary book, and said clerk shall thereupon erase the 


Party pri¬ 
mary books. 


Voter’s name 
must appear 
in previous 
primary 
book. 


Books open 
to inspection. 


Its correction. 



154 


ELECTIONS. 


Polls open. 


Notice of 
primaries. 


Registration 
of voters. 


Manner of 
registering 
and voting. 


same. At said primary election the polls shall be open 
at one o’clock in the afternoon and close at nine o’clock 
in the evening. Notice of the time and place of holding 
such primary elections shall be given by the poll clerks 
by five or more advertisements posted at conspicuous 
places in the election district at least ten days before 
such primary elections. 

269. Sec. 14. The said board of registry and election 
shall, prior to or at and during said primary election, in 
the manner provided by law, register the name of every 
person who is legally qualified to vote at the ensuing 
general election for members of general assembly, and 
all persons so registered shall be entitled to vote at such 
primary election, unless if challenged they shall refuse 
to take the oath or affirmation as in this act provided; no 
person shall be allowed to vote at any primary election 
unless his name shall appear upon the registry-list for 
the election district where he offers to vote, as made up 
at the time of opening the polls for such primary election, 
or unless his name shall be placed thereon before he casts 
his vote, each voter on entering the polling-room shall 
register for the ensuing general election, if qualified to 
do so, unless his name shall be already registered, and 
after such registry shall ask the board of election for the 
party primary ticket he desires to vote, and thereupon 
shall receive one ticket of the kind demanded; the said 
voter shall retire with said ticket to one of the booths or 
compartments, and therein with black pencil erase the 
names of all persons on said ballot except those for 
whom he desires to vote; nothing herein shall prevent 
any voter from voting for any person whose name is not 
on his party ticket by writing the same thereon; while in 
the booth or compartment he shall fold the ballot so as to 
expose the endorsement on the back thereof, and on 
emerging from the booth shall proceed directly to the 
ballot-box of his political party, and there deliver his 
ballot, folded as aforesaid, to the proper member of the 



ELECTIONS. 


155 


board of election, who shall forthwith, in the presence of 
the voter, deposit the same in the ballot-box provided 
for the political party of such voter, unless challenged or 
disqualified as provided in section thirteen (13) ; should 
any voter to whom an official ballot has been furnished 
spoil or render the same unfit for use, he may obtain 
another from the board of election on returning the one 
90 spoiled or unfitted for use, but no more than three 
official ballots, one at a time, shall be furnished to any 
voter at any primary election; if any voter shall make 
oath or affirmation that he is unable to read and write, 
and shall request the assistance of the board of registry 
and election in preparing his ballot, the said board shall 
designate one of their number to retire with said voter 
to the booth and assist him in preparing his ballot. 

270. Sec. 15. At the close of the primary election, the 
board of registry and election shall forthwith proceed to 
canvass and count the votes cast at such election, proceed¬ 
ing in the manner indicated by the statement hereinafter 
in this section provided for, and as nearly as may be 
in the manner required by law; the said boards of elec¬ 
tion shall at the conclusion of such canvass make up and 
sign a statement of the result of such election, which 
statement they shall as soon as may be transmit to the 
clerk of the municipality within which the said primary 
election is held; said statement shall in words at length 
show the entire number of votes cast at such election, the 
whole number of ballots rejected, the whole number of 
ballots cast for each party as indicated by the party 
names at the head of the respective party tickets, and the 
number of votes received by each person as a candidate 
for nomination for office, or for the position of delegate; 
such statement shall be in the following or like form: 


When voter 
may be 
assisted in 
preparing 
ballot. 


Canvassing 
the votes. 


Statement 
of election. 



ELECTIONS. 


156 


Form of 
statement. 


Statement of the result of a primary election held in 
the election district of the 

(municipality) in the county of and state 

of New Jersey, on the day of 

190 : 

At said election the total number 

of votes cast was: 

The total number of democratic ballots cast was : 

The total number of republican ballots cast was: 

The total number of citizens’ reform ballots cast was: 
The total number of democratic ballots rejected was: 
The total number of republican ballots rejected was: 

The total number of citizens’ reform ballots rejected 
was: 

For candidates of the democratic party for the position 
of delegate to the democratic state convention: 

John Doe received votes; 

Richard Doe received votes; 

Thomas Jones received votes. 

For democratic candidate for delegate to the democratic 
congressional convention of the--con¬ 

gressional district: 

A-B-received votes; 

C --— D-received votes. 

For democratic candidate for delegate to the demo¬ 
cratic county convention of the county of —- 

- received votes; 

-- received votes. 

For democratic candidate for member of the common 
council 

-received votes. 

And in like form for all parties having candidates voted 
for at such election. To such statement shall be added 
a certificate in the following form: 












ELECTIONS. 


157 


We certify the foregoing to be a true and correct 
statement of the result of the primary elections held in 
such district at the time above stated; that the same truly 
and correctly exhibits the entire number of votes cast 
for each political party at such election, the whole num¬ 
ber of ballots rejected and the number of said ballots 
rejected belonging to each party respectively; also the 
number of votes received by any person to be a candi¬ 
date of any party for any office, or for the position of 
delegate named on any ballot or ballots cast at such 
election. 

In zvitness zvhereof, we have hereunto set our hands 
this day of , one thouand nine 

hundred and 


1 Board of 
> Registry - and 
J Election. 


271. S^:c. 16. The persons receiving the highest num¬ 
ber of votes for the position of delegate to any conven¬ 
tion on any ticket of any political party at such primary 
election, to the extent of the number of delegates which 
the respective election districts are entitled to send to the 
said convention, shall be the duly-elected delegates to 
such convention, and said persons and no others shall 
be entitled to sit in the said convention as delegates as 
aforesaid, subject to the right of the said convention to 
be the judge of the qualifications of its own members in 
the case of a contest. The time and place-of holding 
such conventions shall be determined by the State, con¬ 
gressional, county, or other proper committee of the 
respective political parties, but shall in all cases be after 
the holding of the primary election as herein provided. 
In the event that by reason of tie voting more candidates 
shall receive sufficient number of votes ta entitle therh 
to be elected as delegates than the number of delegates 


Certificate 
added to 
statement. 


Who elected 
delegates. 
[Amended, 
P. L. 1906, 
p. 509.] 


Time and 
place of 
convention. 


If tie vote. 







ELECTIONS. 


158 


Credentiais. 


Selectioa «f 
candidates in 
wards and 
townships. 


Vacancies. 


the election district is entitled to send to the convention, 
the additional candidates so voted for shall be considered 
as chosen delegates to said convention, but in such con¬ 
vention they shall be entitled only to the appropriate 
fraction of a vote; that is to say, if an election district 
shall be entitled to send three delegates to a convention, 
and two candidates receive respectively the highest and 
the next highest number of votes, and the three candi¬ 
dates receiving the next highest number of votes shall 
each receive the same number of votes, the said three 
candidates shall also be elected delegates to the con¬ 
vention, but shall be entitled to only one-third of a vote 
each therein. The said municipal clerk shall deliver a 
certificate showing the result of said election to each of 
the persons ascertained as aforesaid to be successful 
candidates, which certificates shall be the credentials of 
the said delegates at the ensuing conventions of the 
respective parties. 

272. Sec. 17. The municipal clerk shall send to the 
county clerk of his county a certificate showing the per¬ 
son in each political party receiving the highest number 
of votes for any office for which the candidate is to be 
voted for at the general election only in a single ward or 
township, and such person shall be the candidate of his 
political party at the ensuing election, and the county 
clerk shall cause his name to be printed as such candidate 
upon the official ballot of his party; in the event of a 
failure to select such candidate for any political party 
by reason of two or more persons receiving the highest 
and the same number of votes, the proper committee of 
the said political party shall select from the said candi¬ 
dates one to be the party candidate for the office in ques¬ 
tion, and file a statement of such selection with the mu¬ 
nicipal clerk, and the person so selected shall be the can¬ 
didate of the party at the ensuing election; in the event 
of a failure of the said committee to make such selection, 
the municipal clerk shall make the selection from the 



ELECTIONS. 


159 


persons receiving said highest and the same number of 
votes; in the event that any candidate chosen at a pri¬ 
mary election for any office, the candidates for which are 
to be voted for only by the voters of a single ward or 
township, shall die, or remove from the ward, township 
or borough, or decline to run as a candidate, before the 
ensuing election, the proper committee of the party to 
which the person so declining or dying belongs shall have 
the power to fill said vacancy by filing a new nomina¬ 
tion with the proper municipal clerk; notice of the selec¬ 
tion as aforesaid shall be given by the municipal clerk to 
the county clerk. 

273. Sec. 18. Whenever it shall appear that any error 
or omission has occurred in the printing of the ballots 
for any primary election, by any municipal clerk, any 
voter resident in any election district affected by such 
error or omission may present to the justice of the su¬ 
preme court holding the circuit court in and for the 
county containing said election district a verified state¬ 
ment setting forth such error or omission, and such jus¬ 
tice, being satisfied thereof, shall thereupon summarily, 
by his order, require the municipal clerk to correct such 
error and omission, or show cause why such error and 
omission should not be corrected. 

274. Sec. 19. Should any person endorsed in any 
petition as a candidate to be voted for at any primary 
election, die before such election, or in writing filed with 
the mimicipal clerk twelve days before the primary elec¬ 
tion, decline to stand as a candidate, the vacancy or 
vacancies thus caused shall be filled by a majority of the 
persons signing the petition in and by which the person 
so dying or declining was endorsed, filing within three 
days after the occurrence of such vacancy with the 
municipal clerk a new petition, setting forth the name of 
the person declining or dying, the office for nomination 
to which or the position of delegate for which he was 
endorsed, and the name of the person to be substituted; 


Correction 
of errors 
in ballots. 


Vacancies 
among candi¬ 
dates at 
primary 
election. 
Amended, 

P. L. 1910, 
p. 397. 


New petition. 



ELECTIONS. 


160 


Vacancies 
among 
delegates. 
[Amended, 
P. L. 1906, 
p. 5 IO-] 


Member of 
one party not 
to petition or 
vote in box 
of another. 


Penalty. 


When ballots 
not official 
may be used. 


the said petition shall be verified by three of the signers.; 
the said new petition shall have the same force and 
effect as the original petition, and the name of the person 
so substituted shall be printed upon the ballots in the 
place and stead of the person dying, or declining as 
aforesaid. 

275. Sec. 20. In the event that any person so elected 
a delegate as aforesaid to any convention shall, after 
such election and before the meeting of such convention, 
die, or in writing addressed to the chairman of said con¬ 
vention shall decline to act as such delegate, his place 
as such delegate shall be filled by a majority vote of the 
other delegates selected from the election district in 
which the person so dying or resigning was elected. 

276. Sec. 21. No member of one political party shall 
sign his name to any petition purporting to endorse any 
person as a candidate for delegate to the convention of 
another political party, or as a candidate for office of 
another political party, nor shall any member of one po¬ 
litical party vote in the ballot-box used for the primary 
election of another political party; any person who, be¬ 
ing a member of one political party, shall sign his name 
to any petition endorsing any person as a candidate for 
delegate to the convention of another existing political 
party, or as a candidate for office of another political 
party, or any person who, being a member of one politi¬ 
cal party, shall vote in the ballot-box used for the pri¬ 
mary election of another political party, shall in each 
case be guilty of a misdemeanor, and, on conviction, 
shall be punished by a fine not exceeding five hundred 
dollars, or be imprisoned not exceeding two years, or 
both, at the discretion of the court. 

277. Sec. 22. If at any primary election the ballots 
for any political party to be furnished therefor as here¬ 
inbefore provided shall not be delivered at the time 
above mentioned, or if after delivery they shall be de¬ 
stroyed or stolen, and other official ballots cannot be ob¬ 
tained in time for such primary election, it shall be the 



EIvECTIONS. 


i6i 


duty of such municipal clerk, or the clerk of the board of 
election, as the case may be, to cause other ballots to be 
printed as nearly in the form prescribed by this act as 
practicable, but without the endorsement on the back 
thereof, which ballots so substituted shall be used at such 
primary elections; if from any cause neither the official 
ballot or ballots otherwise prepared as hereinbefore de¬ 
scribed shall be ready for distribution at any polling 
place, or if the supply of ballots for any political party 
shall be exhausted before the polls are closed, unofficial 
ballots, made as nearly as possible in the form of official 
ballots, shall be used; where the use of official ballots is 
for any of the reasons aforesaid dispensed with, the 
mode and manner of voting shall nevertheless in all re¬ 
spects conform as nearly as possible to the directions 
and requirements of this act. 

278. Skc. 23. No person shall vote at any primary 
election unless his name shall appear on the registry of 
voters made in the election district where he offers his 
vote, or unless his name shall be placed thereon before 
he casts his vote; any person so voting shall be punished 
as now’ provided by law for illegal voting. 

279. Sec. 24. Nothing in this act contained shall ap¬ 
ply to or in any wise affect any election hereafter to be 
held in this state upon any day other than the day of the 
general election for members of the general assembly. 

280. Sec. 25. The chairman of the county committee 
of each political party in each county of the state may 
appoint two agents for each election district in his 
county; such agents shall be the authorized agents and 
challengers of their respective parties at the primary elec¬ 
tions held under this act, and shall be at liberty to chal¬ 
lenge the right of any person to vote thereat; the ap¬ 
pointment of agents may be made in writing under the 
hand of the respective county chairmen, and shall specify 
the names and residences of the agents, and the election 
districts for which they are severally appointed; such 
appointment papers shall be filed with the respective 

11 EEEC 


Registration 
before voting 
required. 


To what 
elections 
this act is 
applicable. 


Challengers. 
[Amended, 
P. L. 1908, 
p. 185.] 




ELECTIONS. 


162 


Candidates 
as challengers. 


Compensa¬ 
tion of 
members of 
registry and 
election 
boards. 
[Amended, 

P. L. 1899, 
p. 13; P. L., 
1901, p. 258; 

P. L. 1903, 
p. 628; P. L., 
1903. p. 7II-] 


boards of election in the districts named therein as evi¬ 
dence of the authority of such agents to be present in the 
polling place; said agents may be present inside the 
railed enclosure while the votes cast at the primary are 
being cast and counted, and hear and see said ballots 
counted (and every person whose name shall be printed 
upon the official primary ballot shall also have the rights 
and privileges of a challenger as hereinbefore provided), 
and every person whose name shall b.e printed upon the 
official primary ballot, and who is to be voted for 
throughout the county, shall have the right to act as a 
challenger, and also to appoint in writing two agents 
for each election district in his county, and said agents 
shall have the rights and privileges of an agent and 
challenger, as provided in this section. 

281. Sec. 26. 
which see.] 

282. Sec. 27. 
which see.] 

283. Sec. 28. [This section amends section 21 ante, 
which see.] 

284. Sec. 29. 
which see.] 

285. Sec. 30. 
which see.] 


[This section amends section 15 ante, 
[This section amends section 20 ante. 


[This section amends section 23 ante, 
[This section amends section 60 ante. 


286. Sec. 31. Section one hundred and seventy-eight 
(178) of the act to which this act is a further supple¬ 
ment is amended so as to read as follows: 

178. The compensation of each member of the boards 
of registry and election for all services performed by 
them under the provisions of this act shall be as follows: 
In cities having a population exceeding thirty thousand, 
for the first registry day, including services rendered at 
the primlary election, ten dollars ($10), and for each 
other registry day five dollars ($5), and for the elec¬ 
tion day, including the counting of the votes and the de¬ 
livery of the returns and ballot-box with contents to the 



ELECTIONS. 


163 


municipal clerk, ten dollars ($10), which compensation 
shall be the same for both the general election and the 
municipal election; and in all other cities, townships 
and other municipalities the compensation of each mem¬ 
ber for all such services in connection with any local or 
primary or charter election shall be, for the primary 
election day, five dollars ($5) ; for each registry day, 
three dollars ($3); and'for the election day, including 
the counting of the votes and delivery of the returns 
and the ballot-box, seven dollars ($7), and for all such 
services in connection with the general election or any 
special election held in and for the whole county such 
compensation shall be fifteen dollars ($15) in districts 
where the number of registered voters is not more than 
one hundred and fifty (150), twenty dollars ($20) in 
districts where the number of registered voters is more 
than one hundred and fifty (150) and not more than 
three hundred, and twenty-five dollars ($25) in dis¬ 
tricts where the number of registered voters is more than 
three hundred (300), said sums to be paid by the county 
collector, and to be in lieu of all other fees and charges 
whatsoever, (a) 

287. Sec. 32. Section two hundred and sixteen Repealer. 
(216) of the act to which this act is a further supple¬ 
ment is hereby repealed. 

288. Sec. 33. The following sections of the act to 
which this act is a further supplement shall apply, as far 

as may be, to the primary elections held pursuant to this elections, 
act: sections thirty-three (33), thirty-four (34), thirty- ^Amended,^ 
five (35), thirty-six (36), forty-eight (48), fifty-three p- 635 -] 
(53), fifty-five (55), fifty-six (56), fifty-seven (57), 
fifty-eight (58), fifty-nine (59), sixty-two (62), sixty- 
three (63), sixty-five (65), sixty-six (66), sixty-eight 
(68) to seventy-nine (79) (both inclusive), eighty-onc 


(a) This act was approved April 14, 1903- The amendment contained in 
section 178 ante was approved April 15, 1903- Query —Do not both of these 
amendments stand? Is there anything in the amendment of April 14 re¬ 
pealed by the amendment of April 15? This section was repealed by Chapter 
40, Laws cf 1908. 



164 


ELECTIONS. 


Repealer. 


Nomination 
to fill 
vacancy in 
legislature. 


(81), eighty-two (82), eighty-three (83), eighty-four 
(84), eighty-six (86) to ninety-two (92), (both inclu¬ 
sive), ninety-eight (98), ninety-nine (99), one hundred 
(100), one hundred and fifty-nine (159), one hundred 
and sixty (160), one hundred and sixty-one (161), 
one hundred and seventy-nine (179), one hun¬ 
dred and eighty (180), one hundred and eighty-six 
(186), one hundred and eighty-seven (187), one hun¬ 
dred and eighty-eight (188), one hundred and ninety 
(190), one hundred and ninety-one (191), one hundred 
and ninety-three (193) to two hundred and thirteen 

(213) (both inclusive), two hundred and fourteen 

(214) , two hundred and fifteen (215), two hundred 
and seventeen (217), two hundred and eighteen (218) 
and two hundred and nineteen (219). 

289. Sec. 34. All acts and parts of acts which in any 
wise conflict with the provisions of this act are hereby 
repealed, and this act shall take effect immediately. 

A Further Supplement to an act entitled ‘‘An act to 
regulate elections” (Revision of 1898), approved 
April fourth, one thousand eight hundred and ninety- 
eight. Approved January 20, 1905. P. L. 1905, 

p. II. 

290. Sec. I. That whenever a writ of election shall 
be issued by either the senate or house of general assem¬ 
bly of the state of New Jersey for the purpose of filling 
vacancies which shall arise from the death, resignation 
or otherwise of any member of either of said bodies 
that the political parties of the county to which such 
writ of election shall be directed may nominate can¬ 
didates for the office in which such vacancy has occurred, 
in such manner and under such regulations as shall be 
provided by the county committee of the respective po¬ 
litical parties. 

291. Sec. 2. This act shall be a public act .ind shall 
take effect immediately. 



ELECl'IONS. 


165 


A Further Supplement to an act entitled '‘An act to 
regulate elections” (Revision of 1898), approved 
April fourth, eighteen hundred and ninety-eight. Ap¬ 
proved January 25, 1905. P. L. 1905, p. 12. 


292. Sec. I. That whenever a writ of election shall wurS*’"® 
be issued by either the senate or house of general assem- 
bly of the state of New Jersey for the purpose of filling kglsEtuJe. 
vacancies which shall arise from, the death, resignation 
or otherwise of any member of either of said bodies the 
advertising of the writ of election in at least four news¬ 
papers, if SO' many there be in said county, said adver¬ 
tising shall be published as nearly as may be equally 
in newspapers of the different political parties so as to 
afford the widest possible information to all voters of 
every political party, and shall be published as often as 
required by the writ of election, shall constitute a 
sufficient notice of the holding of such election to the 
legal voters therein; the convention or body making N^mation 
such nomination shall certify to the clerk of the county 
the name of the person or persons selected as a candidate 
under the hand of the presiding officer of the convention 
or other body making such nomination together with an 
acceptance of such nomination signed by the person se¬ 
lected as a candidate and such certificate of nomination 
and acceptance shall be filed with the clerk of the county 
six days before the time fixed by the writ for the holding 
of such election; the local boards of registry and elec- * Registration, 
tion shall meet at the place where such election is to be 
held in the respective voting districts or precincts, on the 
Friday preceding the day set for the holding of such 
election, at one o’clock in the afternoon, and remain in 
session until eight o’clock in the evening for the purpose 
of revising and correcting the registers of voters by add¬ 
ing thereto the names of persons entitled to vote whose 
names do not appear thereon; the registers of voters 
used at the last preceding election shall be used at such 
special election; the clerk of the county in which such 
election shall be called shall provide official ballots and 



166 


ELECTIONS. 


Returns. 


Certificate 
of election. 


Compensa¬ 

tion. 


envelopes of the same kind and under the same regula¬ 
tions as provided for in the law to which this is a supple¬ 
ment ; the local boards of registry and election shall make 
return of the result of such election to the clerk of the 
county board of registry and election within twenty-four 
hours after holding such election; the county board of 
registry and election shall meet on the Thursday follow¬ 
ing the holding of such election and shall canvass the 
vote and certify the result to the clerk of the county, and 
the clerk of the county shall within three days after 
such election is held deliver a certificate of the determin¬ 
ation of the county board of registry and election and, 
the certificate appended thereto to the successful candi¬ 
date and transmit another copy of the same to the secre¬ 
tary of state at Trenton; the clerk of the county shall 
issue to the successful candidate a certificate of election 
immediately after the vote shall be canvassed by the 
county board of registry and election; official ballots 
shall be supplied to parties applying for them under the 
same conditions and regulations as provided in the act 
to which this is a supplement; except as herein approved, 
such special election shall be conducted in the same 
manner and under the same conditions, restrictions and 
penalties as general elections for members of assembly. 

293. Sec. 2. The members of the boards of registry 
of election shall each receive ten dollars and no more 
• for all services rendered under the provisions of this act. 


Municipal 
elections 
held in 
November. 
[Amended, 
P. L. 1905. 
p. 356.] 


An Act relative to the time of election and appointment 
and terms of office of officers elected or appointed in 
towns, townships, boroughs and other municipalities 
in this state, approved February 15, 1905. P. L. 
1905, p. 14. 

294. Sec. I. Hereinafter, in all towns, townships, 
boroughs and other municipalities in this state, all offi¬ 
cers required to be elected therein at any municipal or 
charter election shall be voted for and elected on the first 
Tuesday after the first Monday of November in each 



ELECTIONS. 


167 


year, and with the same registration and upon the same 
official ballots required by law for the election of state 
and county officers, and not otherwise; and the said 
ballots voted as aforesaid for such officers shall be can¬ 
vassed, and the result of any such election therefor shall 
be determined as now provided by law in the case of 
county officers and certified to the clerk of such town, 
township, borough or other municipality, it being the 
intention hereby to consolidate the municipal* or charter 
elections in towns, townships, boroughs and other muni¬ 
cipalities with the general or state election; provided, 
that nothing herein contained shall be construed to aflfect 
the election of commissioners in those municipalities the 
boundaries of which are not coterminous or coextensive 
with the boundaries of the townhip of which they are a 
part and whose elective or appointive officers are not 
authorized by law to assess and collect taxes, nor any 
member of any board of education or school trustee. 

295. Sec. 2. The term of office of every such elective 
officer (except justices of the peace) heretofore elected 
in any town, township, borough or other municipality, 
and holding office at the passage of this act, shall be and 
hereby is extended from the time when his term would 
otherwise expire until twelve o'clock noon of the first 
day of January next succeeding the date at which his 
term of office would otherwise expire; provided, that 
this section shall not apply to any officer whose term of 
office now expires by law on the first day of January in 
any year. 

296. vSec. 3. Every officer heretofore appointed or 
chosen by the township committee, mayor or other gov¬ 
erning body of any town, township, borough or other 
municipality, and holding office therein at the passage of 
this act, shall continue in office, and his term of office 
shall be and hereby is extended from the time when his 
term would otherwise expire until twelve o'clock noon of 
the first day of January next succeeding the date at 
which his term of office would otherwise expire; pro- 


Proviso. 


Term of 
elective 
officers 
extended. 


Proviso. 


Appointed 

officers 

continued. 


Proviso. 




ELECTIONS. 


168 


When term 
begins. 


Proviso. 


Vacancies. 


Powers, 
duties, etc., 
continued. 


Continuance 
in office. 


vided, that this section shall not apply to any officer 
whose term of office now expires by law on the first day 
of January in any year. 

297. Sec. 4. The terms of office of all officers (except 
justices of the peace) hereafter elected in any town, 
township, borough or other municipality shall com¬ 
mence at twelve o’clock noon on the first day of January 
next succeeding their election and continue for the re¬ 
spective terms of years now fixed by law; and the terms 
of office of all officers hereafter appointed or chosen by 
the townhip committee, mayor or other governing body 
of any town, township, borough or other municipality, 
except to fill vacancies, shall commence on the first day 
of January of the year in which they are appointed and 
continue for the respective terms of years now fixed by 
law, when said term is for a definite period; provided, 
however, that no appointment of any officer shall be 
made by the township committee or other governing 
body of any town, townhip, borough or other munici¬ 
pality for a term of office to commence after the expira¬ 
tion of the term of any member of said township com¬ 
mittee or other governing body, or by the mayor of any 
borough or other municipality, for a term of office to 
commence after the expiration of the term of said 
mayor. 

298. Sec. 5. All vacancies in offices in any town, 
township, borough or other municipality of this state 
arising from or created by any other cause than expira¬ 
tion of term of office shall be filled for the unexpired 
term only. 

299. Sec. 6. The powers, duties and authorities of 
every officer whose term of office is extended by this act 
are hereby continued in full force and effect for and 
during the period of such extension. 

300. Sec. 7. Every officer now or hereafter holding 
any office covered by the provisions of this act (except 
justices of the peace) shall continue to hold such office 
and to exercise the duties thereof, notwithstanding the 



ELECriONS. 


169 


time limited for such continuance shall have expired, 
until his successor has been chosen and qualified, unless 
sooner removed in the manner provided by law. 

301. Sec. 8. All acts and parts of acts, special or 
general, inconsistent with the provisions of this act are 
hereby repealed. 


Supplement to an act entitled “An act to regulate elec¬ 
tions,'’ approved April fourth, one thousand eight 
hundred and ninety-eight. Approved April 6, 1905. 
P. L. 1905, p. 224. 

302. Sec. I. Any public officer or election officer 
whatsoever of this state, or of a city, borough, town, 
township, municipality or election district or precinct, 
upon whom a duty is imposed by the provisions of the 
act to which this is a supplement, or any supplement 
thereto or amendment thereof, who refuses or willfully 
neglects, or willfully fails to perform such duty, or who 
willfully performs it contrary to the law, or in such way 
as to hinder the objects of this act, shall for each offense, 
if no other penalty is herein specifically imposed for such 
offense, be punished by fine not exceeding five hundred 
dollars, or by imprisonment in the state prison for a 
term not exceeding three years, or by both such fine and 
imprisonment. 

303. Sec. 2. Whoever shall solicit the registering of 
his name on the registry list of any election district or 
precinct in this state, knowing that he is not a legal 
voter in such district or precinct; whoever shall will¬ 
fully counsel, procure, aid, advise, assist or abet in the 
registering of the name of any other person on the 
registry list of any election district or precinct, know¬ 
ing such other person is not entitled to vote therein; 
whoever at any election, knowing that he is not a quali¬ 
fied voter, votes thereat; whoever at any election votes 
or attempts to vote more than once on his own name; 


Repealer. 


Penalty for 
officers 
refusing or 
neglecting 
duty. 


Penalty for 
illegal 
registering, 
voting, 
assisting, 
abetting or 
acting at 
election. 



lyo 


ELECTIONS. 


Injuring 

voting 

machine. 


Revision of 
registry list 
by the court. 


whoever at any election votes or attempts to vote in 
more than one election district or precinct; whoever 
at any election votes or attempts to vote upon any other 
name than his own; whoever knowingly casts or at¬ 
tempts to cast more than one ballot at one time of ballot¬ 
ing; whoever at any election counsels, procures, aids, 
advises, assists or abets any person, knowing that he is 
not a qualified voter, to vote thereat; whoever at any 
election counsels, procures, aids, advises, assists or abets 
any person in voting in more than one election district or 
precinct; whoever at any election counsels, procures, 
aids,'advises, assists or abets any person to vote or to 
attempt to vote upon any name other than his own, or 
knowingly casts or attempts to cast more than one ballot 
at one time of voting; whoever at any election in this 
state shall in any way willfully mark or deface his 
ballot, or shall willfully counsel, procure, aid, advise, 
assist or abet any person in the marking or defacing 
of a ballot; whoever at any election in this state shall 
in any way counsel, procure, aid, advise, assist or abet 
any official or person in any act which is contrary to 
the provisions of this act or the act to which this is a 
supplement; whoever at any election in this state shall 
in any way willfully hinder or prevent a voter from 
casting his legal vote, knowing such person to have a 
right to vote; whoever shall willfully tamper with, in¬ 
jure, mutilate, destroy or render unfit for use, any 
ballot-box or voting machine, shall be guilty of a mis¬ 
demeanor and punishable by a fine of five hundred dol¬ 
lars or imprisonment in state prison for the term of three 
years, or both. 

A Supplement to an act entitled *'An act to regulate elec¬ 
tions (Revision of 1898),” approved April fourth, one 
thousand eight hundred and ninety-eight. Approved 
April 12, 1905. P. L. 1905, p. 262. 

304. Sec. I. It shall be the duty of the justice of the 



ELECTIONS. 


171 


supreme court assigned to hold the circuit court, and the 
judge of the court of common pleas, in each of‘the sev¬ 
eral counties of this state, or one of said judges, to sit 
and hold a court of common pleas at the court house in 
their respective counties on the Monday next preceding 
the day of the general election for members of the gen¬ 
eral assembly, from eight o’clock in the forenoon till 
five o’clock in the afternoon, to revise and correct the 
registry of election in the several election districts in 
such county, and in case any legal voter in any election 
district has been refused the right to register, or his 
name has been improperly or inadvertently left off the 
registry-list, he may, on said day, apply in person, to 
said court for the purpose of having his name placed 
upon the register; and the said court, upon such appli¬ 
cation and upon satisfactory evidence that such person 
is a legal voter entitled to vote at such election, may give 
a certificate under the seal of the court to that effect, 
and the clerk of the court shall add the name of such Name 

added. 

voter to the proper register on file with him; such voter 
may, upon the day of election, present said certificate to 
the board of registry and election of the district in which 
he is entitled to vote, and said board shall receive and file 
said certificate and add his name to the register, and he 
shall thereupon be allowed by said election board to vote 
at said election. 

7 . 0 ^. Sec. 2. It shall also be the duty of said justice Court in 
of the supreme court and the said judge of the court of election day. 
common pleas, or one of them, to sit and hold a court of 
common pleas at the court house in their respective 
counties on the day of the general election for mem¬ 
bers of the general assembly from eight o’clock in the 
forenoon till seven o’clock in the evening, and in . case 
the vote of any person registered, in any election dis¬ 
trict, has been refused or rejected by the district board 
of elections, in such district, the said court shall, upon 




172 


Duties. 


Registers 
delivered 
to county 
clerk. 


Summary 
action of 
court. 


Duty of 
sheriff. 


ELECTIONS. 


application, in person, by the person so refused or re¬ 
jected, proceed, in a summary way, to inquire whether 
such person is entitled to vote in such election district; 
and if the court shall find that such person is legally 
entitled to vote in said election district, it shall issue a 
certificate, under its seal, to the board of registry and 
election of the district in which such person is entitled 
to vote, reciting that such person is entitled to vote in 
such election district and shall deliver such certificate to 
such person; such person may present said certificate to 
the board of registry and election of the district in which 
he is entitled to vote, and said board shall receive and 
file said certificate, and thereupon he shall be allowed 
to vote at such election. 

306. Skc. 3. The county board of elections, in each 
of the several counties of this state, shall deliver to the 
county clerk, at or before eight o’clock in the forenoon, 
on the Monday next preceding the general election, all 
the copies of the.registers which were in their possession 
on the Saturday next preceding said general election, 
who shall have the same in court for the use of the court 
while acting under the authority conferred by this act; 
said registers shall be returned by the said county clerk 
to the custody of the county board of elections on the day 
after the election shall be held. 

307. Sec. 4. In miaking investigations under this act 
to determine the right of any person or persons to vote 
or to register, the court shall have power to act upon 
such application or matter in a summary manner, and to 
issue subpoenas for the production of papers, or the ap¬ 
pearance of persons with like power, jurisdiction and 
authority as said court would have in any civil cause 
pending therein; the sheriff of the county or a deputy 
duly appointed by him, shall be authorized and required 
to serve all processes issued out of the said court on any 
application pending under this act, and he shall also be 



ELECTIONS. 


173 


authorized and required to enforce any orders or pro¬ 
ceedings made, entered and directed to be executed by 
the said court. 

308. Sec. 5. If any board of registry and election, or 
any member thereof shall fail or refuse to comply with 
the order of the said court made in any proceeding taken 
under this act, such failure or refusal to so comply may 
be dealt with and punished as and for contempt of court. 

309. Sec. 6 . It shall be the duty of the county clerk, 
as clerk of the court of common pleas, to attend upon 
the sessions of court required to be held under this act, 
either in person or by deputy, at all times during the 
sitting thereof, and to record and keep the minutes of the 
said court in any matters arising under this act, and for 
such service he shall be entitled to receive and be paid by 
the county collector, for each day’s attendance, the sum 
of ten dollars. 

310. Sec. 7. Each of the judges holding the court of 
common pleas, as herein required, shall be entitled to 
receive the sum of twenty dollars for each day he shall 
be personally present, pursuant to the provisions of this 
act, in addition to the salary to which he is now entitled 
by law, which sum shall be paid by the collector of the 
county as other court expenses are paid. 

311. Sec. 8. All acts and parts of acts inconsistent 
with this act are hereby repealed, and this act shall take 
effect immediately. 


When 
election 
officer in 
contempt. 


Duty of 

county 

clerk. 


Compensation 
of judges. 


Repealer. 


An Act to provide for the purchase of voting machines, 
and to regulate the use of the same at elections. 
Approved April 28, 1905. P. L. 1905, p. 386. 

Be it enacted by the Senate and General Assembly 
of the State of New Jersey: 

312. Sec. I. Voting machines may be vised in all 
elections, general or special, hereafter held in this state ^Wowed. 
or any political division thereof for any purpose what- . 



174 


ELECTIONS. 


When to 
be used. 


Proviso. 


Voting 

machine 

commis¬ 

sioners. 


Proviso. 


Not interested 
in machine. 


Oath; 

organization 


ever, and at any and all such elections the ballot may be 
had and taken and the votes cast thereat registered, re¬ 
corded and counted, and the result of such election or 
elections ascertained by voting machines; when a voting 
machine shall be placed in any voting district in this 
state, either by the state or by the county in which such 
district is situated, it shall be the duty of the persons 
charged with conducting the elections in such district 
to use such voting machines at all elections to be there¬ 
after held; and the use of such machines, as far as the 
same may be, shall be subject to the same requirements, 
provisions, terms, conditions and restrictions as now 
exist for the use of ballots and ballot-boxes; provided, 
that voting machines shall not be used at school meetings 
or at primary elections. 

313. Sec. 2. There shall be and hereby is established 
in this state a commission to consist of three persons to 
be known as the “State board of voting machine com¬ 
missioners;” the members of said board shall be ap¬ 
pointed and commissioned by the governor, shall hold 
office for the term of three years, and their successors 
shall be appointed by the governor for the full term; 
provided, that the members of the state board of voting 
machine commissioners, as now constituted, shall con¬ 
tinue to hold office until the expiration of the term for 
which they were originally appointed; any vacancy oc¬ 
curring in said board by death, resignation, removal or 
otherwise shall be filled by the governor for the unex¬ 
pired term only; any member of such board may be 
removed at the pleasure of the governor; no member of 
such board shall have any pecuniary interest directly or 
indirectly, in any voting machine; one member of said 
board shall be a mechanical expert. 

314. Sec. 3. The members of said board shall sever¬ 
ally take and subscribe to an oath or affirmation before 
some person authorized by the laws of this state to ad¬ 
minister the same, that they will faithfully and impar- 



ELECTIONS. 


175 


'tially discharge the duties imposed upon them by law to 
the best of their knowled.ge, understanding and ability, 
and file the same with the secretary of state; they shall 
organize by electing one of their number to be chairman, 
and one to be secretary, and one to be treasurer; the 
secretary shall keep a record of all meetings held by the 
board, and of all voting machines inspected and ex¬ 
amined by it, and of the action of the board respecting 
the same. 

315. Skc. 4. Any person, company or corporation 
owning or being interested in any voting machine may 
apply tO' the state board of voting machine commission¬ 
ers to examine such machine and report on its compli¬ 
ance with the requirements of the law and its accuracy, 
efficiency and capacity to register the will of voters, 
upon such application the said board shall examine such 
machine and make report whether, in its opinion or in 
the opinion of any two of the members thereof, the kind, 
pattern or style of machine so examined complies with 
the requirements of this act and can safely be used at 
elections to be held in this state under the conditions 
prescribed by this act; the report of said board on said 
machine, signed by the members thereof, or any two of 
them, and all exhibits, drawings, photographs, descrip¬ 
tions, et caetera, filed in connection with and identifying 
said machine so examined, shall be filed in the office of 
the secretary of state and shall be a public record; if 
the report of the board, or any two members thereof, 
be that machines of the kind, pattern or style examined 
can be used, such kind, pattern or style of machine shall 
be deemed to be approved by the board, and its use as 
herein provided shall be authorized at any such election 
as aforesaid to be held in this state or any civil division 
thereof; any kind, pattern or style of voting machine 
not so approved by said board shall not be used at any 
election; the examination herein provided for shall 
not be required of each individual machine, but only of 


Examination 
and approval 
of machine 
by commis¬ 
sioners. 


Rc{>ort. 



176 


ELECTIONS. 


Deposit and 
use of same; 
compensation 
of commis¬ 
sioners. 


Requirements 
of machine. 


Straight 
and split 
tickets. 


Secrecy. 


each particular kind, style or pattern of machine before' 
its adoption, use or purchase, as herein provided; when 
the machine has been so approved, any improvement or 
change that does not impair its accuracy, efficiency or 
capacity shall not render necessary a re-examination or 
re-approval thereof. 

316. Sec. 5. Any person, company or corporation ap¬ 
plying to have any voting machine examined, shall de¬ 
posit with the treasurer of said board the sum of four 
hundred and fifty dollars; from and out of said money 
shall first be deducted and paid all expenses incurred 
in examining machines by said board in and about the 
discharge of its duties, including stationery, books and 
postage; the balance remaining shall be divided into 
three equal parts or portions; each of said members 
shall receive one of said portions in payment of travel¬ 
ing and other expenses and for his compensation as a 
member of said board. 

317. Sec. 6. No voting machine shall be approved 
by the said board unless the same be so constructed as 
to provide facilities for voting for the candidates of as 
many different parties or organizations and for and 
against as many different questions or amendments as 
in the judgment of the commissioners shall be neces¬ 
sary ; nor shall any such machine be approved unless the 
same will permit a voter to vote for any person for any 
office, although the name of the person voted for does 
not appear on the machine as a nominated candidate for 
such office; it must enable the voter to vote a straight 
party ticket or a ticket selected in part from the nominees 
of one party and in part from the nominees of any or all 
other parties, and in part from independent nominations, 
or in part or in whole of the names of persons not 
nominated by any party or upon any independent ticket; 
such machines must also secure to the voter privacy and 
secrecy in the act of voting; such machine must also be 
so constructed that a voter cannot vote for a candidate 



EI.ECTIONS. 


177 


or a proposition for whom or on which he is not lawfully 
entitled to vote, also to* prevent voting for more than one 
person for the same office, except in cases where the 
voter is lawfully entitled to vote for more than one per¬ 
son for the same office, in which event they must enable 
the voter to vote for as many persons for that office as 
he is by law entitled tO' vote, and no more; they must 
also prevent his voting more than once for the same per¬ 
son for the same office; said machines may be provided 
with one ballot in each party column or horizontal row 
containing only the words “presidential electors’" and the 
names of the candidates for president and vice president, 
preceded by the party name and party emblem (if any 
emblem be used) and a vote for such ballot shall operate 
as and be counted, canvassed and returned as a vote for 
all the candidates of such party for presidential electors, 
and such machines must be sO' constructed that by voting 
an irregular or split ticket, as herein defined, the elector 
may vote for any person or persons he may choose for 
the office of presidential elector, and must be so con¬ 
structed that all votes cast for regularly nominated can¬ 
didates are registered on mechanical counters or de¬ 
vices; each machine must be provided with a lock or 
locks, by the use of which any movement of the voting 
or registering mechanism is absolutely prohibited, and 
any machine to be approved by said board must be of 
such kind, style or pattern as will permit the exercise by 
each voter of the full right and privilege of his elective 
franchise under the constitution and laws of this state; 
such machines, in order to be approved by said board, 
shall be supplied with a booth, canopy, curtain or other 
contrivance so arranged or affixed that the use and oper¬ 
ation of the machine by the voter when voting cannot 
be seen or observed by any other person, unless such 
person be inside the booth, canopy, curtain or other con¬ 
trivance at the same time; such machine must also be so 
constructed as to correctly register or contain every vote 

12 ElvEC 


In presi¬ 
dential 
elections. 


Locks. 


Booth ar¬ 
rangements. 


C-apacfty. 



178 


ELECTIONS. 


Purchase. 


Proposals 

invited. 


Proviso. 


Inspection 
and approval. 


Delivery, 
care and 
iise. 


of every description that may be cast, and of sufficient 
capacity to enable at least six hundred votes to be cast 
within the time prescribed for holding an election on 
any general election day. 

318. Sec. 7. The state board of voting machine com¬ 
missioners shall have power and authority to expend 
with the consent oi the governor such sum or sums of 
money as shall be appropriated for that purpose in the 
purchase of voting machines of a kind, style or pattern 
which have been or may hereafter be approved by said 
commissioners in conformity with the laws of this state. 

319. Sec. 8. Before any purchase shall be made, the 
state board of voting machine commissioners shall ad¬ 
vertise for a period of twenty days their intention to 
purchase voting machines, inviting proposals, said pro¬ 
posals to state the style or kind of machine proposed to 
be furnished; the said commissioners shall have power 
and authority to contract for and purchase as many ma¬ 
chines and encasements or devices for the erecting, pro¬ 
tecting and operating the same as the appropriation for 
that purpose will permit of such styles, kinds or makes 
as they shall deem to be for the best interests of the 
state; provided, no contract or purchase shall be binding 
until approved by the governor and until the state board 
of voting machine commissioners shall receive a bond in 
such sum and with such sureties as shall be approved 
by them for the faithful performance of the terms of the 
contract, such bond to be filed in the office of the state 
comptroller; all machines so purchased shall be in¬ 
spected by the commissioners or some person or persons 
appointed by them for that purpose, and if found to be 
in accordance with the terms of the contract shall be 
approved, and no machines shall be paid for unless so 
approved. 

320. Sec. 9. The state board of voting machine com¬ 
missioners shall, after the approval of the machines, as 
provided by this act, under the instruction of the secre- 



ELECTIONS. 


tary of state, deliver the nmchines purchased as above 
to the governing bodies of the municipalities in which 
the election district is situated to which the secretarv 
of state shall assign the machines; the state voting 
machine commission shall provide for the setting up 
of the machines in the election districts selected by the 
secretary of state and give all such instructions for their 
use as in their judgment shall be necessary; it shall be 
the duty of the secretary of state to select and designate 
the election districts in this state wherein voting- ma- designated 
chines shall be placed when the same are purchased by 
the state, such designation to be made in writing and 
sent to the voting machine commission on or before the 
first Tuesday in October of each year, and when such 
designation shall once be made no change shall be made 
except before the first Tuesday in October of each year; 
the clerk of any municipality shall upon the receipt of a 
voting machine or machines, forthwith notify the voting 
machine commission that said machine or machines has 
or have been received. 

321. Sec. 10. The board of chosen freeholders or Purchase 

. , of machines 

governing body of any county in this state may purchase ^y county, 
and provide for any election district therein one or more 
voting machines of a kind, style or pattern which has 
been or may hereafter be approved by the state board 
of voting machine commissioners or one or more de¬ 
vices for the encasing any machine, and may provide for 
the payment therefor in such manner as it may be 
deemed for the best interests of such county, and, to 
provide for the purchase price, may issue bonds, certifi- 
cates of indebtedness or other obligations, which shall be 
a charge upon the county; such bonds, certificates of 
indebtedness or other obligations may be issued with or 
without interest, payable at such time or times as the 
governing body issuing the same may determine, but 
they shall not bear interest greater than four per centum 
or be sold at less than par. 




i8o 


ELECTIONS. 


Care and 
repair of 
machine. 


Machines 

insured. 


If destroyed 
by fire. 


Machines 
when pro¬ 
vided must 
be used. 


322. Sec. II. The common council, board of aider- 
men, townhip committee or other governing body of any 
city, town, borough, townhip or other municipality of 
this state in which a voting machine or machines shall 
be placed, either by the state or by the county, shall 
be charged with the duty of keeping the same in repair 
and good condition and for the custody and proper 
care thereof, and of the furniture and equipment of 
the polling-place or places in such municipality when 
not in use at an election, and for that purpose may 
purchase any device for the encasing such machine; 
the expenses of keeping in repair and providing for 
the custody and storing of the voting machines and the 
furniture and equipment of the polling-place or places 
shall be a charge upon the municipality in which the 
voting district is located in which such voting machine 
i.s placed; in all cases where a voting machine has been 
placed in an election district by the state, it shall be the 
duty of the municipal authorities in which such election 
districts are located to have all machines therein located 
insured in some good and responsible insurance company 
in a sum not less than eighty per centum of the value of 
each machine; in case any machine shall be destroyed 
by fire it shall be the duty of the municipality to u=e the 
money collected on the insurance to replace the machine 
so destroyed, and to place such machine so purchased in 
the same election district in which the machine which 
was destroyed by fire was located by the secretary of 
state; no voting machine shall be stored or kept in any 
place where vinous, spirituous, malt or brewed liquors 
are sold, nor used for advertising purposes by the per¬ 
son charged with the care thereof. 

323. Sec. 12. When any machine shall be supplied 
or provided, either by the state or county, for any elec- 
tidn district of this state, it shall be and hereby is made 
the duty of the persons appointed to conduct the elec¬ 
tion in such district to use the said machines at all 



ELECTIONS. 


elections as herein provided, thereafter to be held, and 
voting machines when so placed in any election district 
shall be used in place of ballots and ballot-boxes; booths 
for the voters or official ballots shall not be provided for 
such district except the official ballots provided for by 
sections fourteen, fifteen, eighteen and nineteen. 

324. Sec. 13. The state committee of any political 
party may adopt any emblem or device (except the 
American flag) to designate the ticket or ballot of that 
particular party, and certify the adoption thereof under 
the hands of its chairman and secretary, and file the 
same with the secretary of state; the emblem or device 
so adopted, certified and filed shall be and continue the 
emblem or device of such party until the same be in like 
manner changed by its said committee and such change 
certified and filed as aforesaid; any emblem or device 
adopted by one party as aforesaid shall not be adopted 
or used by any other party; the party first filing with 
the secretary of state the certificate of its adoption of an 
emblem or device shall have the right to the exclusive 
use of that particular emblem or device, but no use shall 
be made of any such emblem or device except in cases 
where an election is to be held by the use of voting ma¬ 
chines ; such emblem or device shall be printed in black 
ink on white paper or clear white material; the political 
party shall, if it desires to adopt or change an emblem 
or device, file the same with the secretary of state on or 
before the first day of August in each year. 

325. Sec. 14. The list of rows of candidates to be 
used on the front of the voting machine shall be deemed 
official ballots under this act for any election district in 
which a voting machine is used pursuant to law; the 
word ^'ballot,'’ as used in this act (except when refer¬ 
ence is made to irregular ballots), means that portion of 
the cardboard or paper or other material within the bal¬ 
lot frames of the machine containing the names of the 
candidates for office, the names of the offices to be filled 




ELECTIONS. 


182 


Ballots, how 
prepared. 


Arrangement 
of ballots. 


Proviso. 


Order of 
parties. 


Proviso. 


at that election, the names of the parties and their em¬ 
blems and devices, and a statement of the proposed con¬ 
stitutional amendment or other question or proposition 
to be voted on with the words “for’' and “against,” or 
the words “yes” and “no.” 

326. Sec. 15. All ballots shall be printed in black ink 
on white paper or clear white material, of such form and 
size as will fill the ballot frame of the machines, in plain, 
clear type as large as the place will reasonably permit; 
the party device, designation or emblem (if any) tor 
each political party represented on the machine and the 
party named or their designations shall be prefixed to 
the column, list or row of the candidates of such party. 

327. Sec. 16. Party nominations shall be arranged 
on each voting machine, either in columns or horizontal 
rows; the captions of the various ballots on said 
machines and the emblems or devices (if any) designat¬ 
ing the same shall be so placed on said machine as to in¬ 
dicate to the voter what lever, push knob, key, lock or 
other device is to be used or operated in order to vote for 
the party of his choice; provided, that the party em¬ 
blems, devices or designations of the political party 
whose candidate for governor at the last preceding elec¬ 
tion for governor received the largest number of votes 
for that office shall be placed first at the top, and the 
names of the candidates of such party shall follow di¬ 
rectly after in a horizontal row or in a column directly 
underneath, as the construction of the machine may re¬ 
quire; the party emblems, devices, designations and 
names of candidates of the political party whose candi¬ 
date for governor at the preceding election for governor 
received the next largest number of votes for that office 
shall be placed second; the party emblems, devices, des¬ 
ignations and names of candidates of all other political 
parties shall follow in the order of priority determined 
by the number of votes cast for gubernatorial candidates 
at the preceding election for governor; provided, that 



ELECTIONS. 


183 


the party emblems, devices, designations and names of 
candidates of political parties which were not repre¬ 
sented in the preceding gubernatorial election by a can¬ 
didate for governor shall follow the others in alphabet¬ 
ical order of their party designations; all emblems, de¬ 
vices, party designations and names of candidates shall 
be uniformly arranged, beginning at the left of the ma¬ 
chine as the voter faces the front of it. 

328. Sec. 17, Official ballots of the form and de¬ 
scription as described in this act for use upon voting ma¬ 
chines shall be prepared and furnished in the same man¬ 
ner, at the same time, and by and delivered to the same 
officials as now provided by law. 

329. Sec. 18. The officer or officers whose duty it 
may be under this act to^ provide and furnish official bal¬ 
lots for any polling-place where a voting machine is to be 
used, shall also provide therefor two sample or instruc¬ 
tion ballots, which sample or instruction ballots shall be 
arranged in the form of a diagram showing such portion 
of front of the voting machine as it will appear after the 
official ballots are arranged thereon or therein for voting 
on election day; such sample ballots shall be open to the 
inspection of voters at the polling-place during all hours 
that the polls may be open on election day. 

330. Sec. 19. Two sets of official ballots shall be pro¬ 
vided for each polling-place for each election for use in 
and upon the voting machine; one set thereof shall be 
inserted or placed in or upon the voting machine and the 
other shall be retained in the custody and possession of 
the board of election, unless it shall become necessary 
during the course of the election to make use of the 
same upon or in the voting machine; at the close of the 
election all official ballots (except those actually in or 
upon the voting machine at the close of the election), 
whether the same shall have been used in the machine or 
not, shall be returned to the official providing the same 
in the manner herein provided. 


Preparing 
and furnish¬ 
ing ballots. 


Sample 

ballots. 


Duplicate 
set of 
ballots. 



ELECTIONS. 


184 


If ballot 
lost, etc., 
substitution 
allowed. 


Unofficial 

ballots. 


Arrangement 
of polling- 
room. 


Clerk’s duty 
in providing 
machine, 
furniture, 
etc., for 
polling places. 


331. Sec. 20. If the official ballots for an election 
district or precinct, at which a voting machine is to be 
used, shall not be delivered in time for use on election 
day, or after delivery shall be lost, destroyed or stolen, 
the clerk or other official, or officials, whose duty it now 
is in such case to provide other ballots for use at such 
election in lieu of those lost, destroyed or stolen, shall 
cause other ballots to be prepared, printed or written 
as nearly as may be of the form and description of the 
official ballots, and the inspectors of election shall cause 
the ballots so substituted to be used at the election in 
the same manner, as nearly as may be, as the official 
ballots would have been; such ballots so substituted shall 
be known as unofficial ballots. 

332. Sec. 21. At all elections whereat voting ma¬ 
chines may be used, the arrangement of the polling-room 
shall be the same as near as may be as is provided for 
elections under the ballot reform law (so called); the 
exterior of the voting machine and every part of the poll¬ 
ing-room! shall be in plain view of the election officers; 
the voting machine shall be placed at least three feet 
from every wall or partition of the- polling-room and 
at least three feet from the outer guard-rail and at least 
four feet from any table whereat any of the election 
officers may be engaged or seated; a guard-rail shall be 
constructed at least three feet from the machine with an 
opening, or openings, to permit the entrance and exit 
of voters to and from the machine; no person shall be 
permitted in or about the polling-room except as now 
provided for by law in elections where ballots and ballot- 
boxes are used. 

333. Sec. 22. It shall be the duty of the clerk of any 
municipality wherein at any election a voting machine, 
or machines, is or are to be used to cause the machine, 
or machines, and all necessary furniture and appliances 
to be at the proper polling-place or places before the time 




ELECTIONS. 


185 


fixed for opening the polls on election day, with the ma¬ 
chines properly equipped with the official ballots, and the 
counters set at zero, and otherwise in good and proper 
order for use at such election; and for the purpose of so 
labelling the ntlachine, putting in order, setting and ad¬ 
justing and delivering the same, the municipal authori¬ 
ties may employ one or more competent persons and 
cause him or them to be paid out of the municipal treas¬ 
ury in the same manner that other expenses incurred by 
the said board are paid; the officers to conduct said 
election and the clerks thereof shall be in attendance at 
least forty-five minutes before the time fixed for opening 
the polls; the' election officers shall thereupon cause the 
two sample or instruction cards to be posted conspicu¬ 
ously within the polling-place; in addition to the in¬ 
formation afforded by such sample or instruction cards, 
the election officers shall give to the voter while he re¬ 
mains outside the outer guard-rail, such information and 
aid as may be in their power when requested by the 
voter to enable him properly to cast his vote when he 
shall enter the voting machine booth; if not previously 
done, the election officers shall before declaring the polls 
open, insert in their proper place or places on or in the 
voting machine, the ballots containing the names of 
offices to be filled at such election and the names of the 
candidates nominated therefor, and compare the same 
with the sample ballots; if not previously done they 
shall, before declaring the polls open, place all the count¬ 
ers on the voting machine so as to register zero, and shall 
not permit such counters to be operated except by voters 
in voting; before the opening of the polls each election 
officer shall carefully examine every counter and see that 
it registers zero, and the same shall be subject to the 
inspection of the official watchers and interested parties; 
the election officers shall see that the machine is other¬ 
wise in perfect order for the election, and they shall not 
thereafter permit the counters to be operated or moved 


Preliminary 
duties of 
election 
officers. 


Ballots 

inserted. 


Counters 
set at o. 



i86 


Provision for 

irregular 

ballots. 


Multi¬ 

candidate 

group. 


Voting 

irregular 

ballots. 


Split ballot. 


Size, etc., of 
split ballots. 


ELECTIONS. 


except by electors in voting; and they shall also see that 
all necessary arrangements and adjustments are made 
for voting irregular ballots on the machine; ballots voted 
for any person whose name does not appear on the ma¬ 
chine as a nominated candidate for office are herein 
referred to as irregular ballots; where two or more can¬ 
didates are to be elected to the same office, the voting 
devices belonging to all the candidates for said office 
shall be included in a group herein referred to as a mul¬ 
ticandidate group; in all multicandidate groups, except 
presidential electors, the name of each nominated candi¬ 
date shall be placed upon or adjacent to a separate key or 
voting device, and all split ballots which are confined to 
the nominated candidates shall be voted on such keys or 
voting devices; except for presidential electors no irregu¬ 
lar ballot shall be voted for any person for any office 
whose name appears on the ballot on the front of the 
machine as a candidate for that office; any irregular 
ballot so voted shall not be counted; an irregular ballot 
must be cast in its appropriate place on the machine or 
it shall be void and not counted; in voting for presiden¬ 
tial electors an elector may vote in the irregular balloting 
device a ticket made up of names of persons in nomina¬ 
tion by different parties, hereafter referred to as a split 
ballot, or partially of the names of persons so in nomi¬ 
nation, and partially of persons not in nomination, or 
wholly of names of persons not in nomination by any 
party, hereafter referred to as an irregular ballot; such 
split or irregular ballot for presidential electors shall be 
deposited, written or affixed in or upon the receptacle or 
device provided on the machine for the purpose; the split 
or irregular ballots for presidential electors may be of 
any size and form best suited to the convenience of the 
voter and the requirements of the machine; the candi¬ 
dates’ names may be written or printed thereon, in one 
or more columns, and the ballots need not contain any 
other than the names of the candidates voted for; names 



ELECTIONS. 


187 


on such split or irregular ballots for presidential electors 
which have been crossed off with the intention of can¬ 
cellation, shall not invalidate said ballots, nor shall the 
ballot be considered marked, anything in the general 
election laws to the contrary notwithstanding. 

334. Sec. 23. Where a voter presents himself for the Manner of 
purpose of voting, the election officers shall ascertain 
whether his name is upon the register of voters, and if 

his name appear thereon and no challenge be interposed, 
or if interposed be not sustained, one of the election 
officers to be stationed at the entrance through the outer 
guard-rail shall announce the name of the voter and 
permit him to pass through the entrance opening in the 
outer guard-rail to the booth of the voting machine for 
the purpose of casting^ his vote; no voter shall remain Two minutes 
in the voting machine booth longer than two minutes, * ' 

and having cast his vote the voter shall at once emerge 
therefrom and leave the' polling-room by the exit open¬ 
ing in the outer guard-rail; if he shall refuse to leave 
after the lapse of two minutes, he shall be removed by 
the election officers; the election officers shall record 
the name and address of each voter in the mannner now 
provided by law as he enters the voting machine booth 
for the purpose of voting; no voter after having entered 
and emerged from the voting machine booth shall be 
permitted to re-enter the same on any pretext whatever; 
only one voter at a time shall be permitted to pass the 
outer guard-rail to vote. 

335. Sec. 24. In case any voter after entering the Assistance 
voting machine booth shall ask for further instructions 
concerning the manner of voting, an election officer shall 

stand outside the voting machine booth, canopy or cur¬ 
tain, and give such instructions or directions to the voter 
as the election officers may agree upon; but no election 
officer assisting or instructing a voter shall in any man¬ 
ner, request, suggest or seek to influence, persuade or 
control any such voter to vote any particular ticket or for 



i88 


ELECTIONS. 


When 

machine 

inoperative. 


Use of 

unofficial 

ballots. 


any particular candidate, or for or against any particular 
amendmient, question or proposition; after receiving 
such instructions or directions, the voter shall vote as in 
the case of any unassisted voter; during the entire period 
of an election at least one of the election officers, to be 
designated from time to time by the chairman, shall be 
stationed beside the entrance to the booth and shall see 
that it is properly closed after a voter has entered it to 
vote; he shall also, at such intervals as he may deem 
proper and necessary, examine the face of the machine 
to ascertain whether it has been defaced or injured, to 
detect the wrongdoer and to repair any injury; in case 
any voting machine used in any election district shall, 
during the time the polls are open, become injured so as 
to render it inoperative in whole or in part, it shall be 
the duty of the election officers immediately to give 
notice thereof to the body providing such machine, and 
it shall be the duty of such body,’ if possible, to substitute 
a perfect machine for the injured machine, and, at the 
close of the polls, the records of both machines shall be 
taken, and the votes shown on their counters shall be 
added together in ascertaining and determining the re¬ 
sult of the election; but if no other machine can be pro¬ 
cured for use at such election, and the one injured can¬ 
not be repaired in timfe for further use at such election, 
the officers of said election may permit the use of un¬ 
official ballots by the voters, which ballots may be re¬ 
ceived by the election officers and placed by them in a re¬ 
ceptacle to be provided therefor and counted with the 
votes registered on the voting machine, and the result 
declared the same as though there had been no accident 
to the voting machine; the unofficial ballots thus voted 
shall be preserved and returned as herein directed with 
a certificate or statement, setting forth how and why 
the same came to be voted. 




ELECTIONS. 


189 


336. Sec. 25. At least two keys that cannot be inter¬ 
changeably used shall be provided for locking each vot¬ 
ing machine against voting; said keys shall be delivered 
to election officers of different political parties, who shall 
retain the same in their possession and deliver them to 
the clerk of the said municipality wherein such election 
is held, not later than four P. M. of the day next follow¬ 
ing the election; each key shall be placed upon a string 
or wire, labeled with the make and number of the ma¬ 
chine and district at which it is used; the clerk to whom 
said keys are so delivered shall securely keep the same, 
and not permit the sarnie, or any of them, to be taken, or 
any voting machine to be unlocked for a period of thirty 
days from and after the election, unless by order of a 
court of competent jurisdiction; at the end of thirty days 
said keys shall be subject to the order of the officer or 
officers having charge of the machines. 

337. Sec. 26. The election officers may take such ad-‘ 
journment where voting machines are used as is per¬ 
mitted by the general election laws in force at the passage 
of this act; the voting machine shall not be removed 
from the polling-room or outside the guard-rail during 
said adjournment, and it shall at all times during such 
adjournment be under the constant care, watch and 
oversight of two of the election officers of opposite polit¬ 
ical parties, who shall not, during such adjournment, al¬ 
low any person other than the election officials, to pass 
within the guard-rail, and said election officers shall not 
permit any person to interfere or tamper with said ma¬ 
chine, nor shall said election officers interfere or tamper 
with the same during such adjournment; when such ad¬ 
journment is taken said machine shall be securely locked 
against voting and so as to prevent its use for any pur¬ 
pose; at the end of such adjournment and when voting 
is ready to be resumed, the machine shall be unlocked 
by the election officers and the election proceeded with 
without further adjournment until the time for closing 


Locking 

machine; 

keys. 


Adjourn 
ment; care 
of machine. 



190 


ELECTIONS. 


Closinc 

polls. 


Determina¬ 
tion of 
balloting. 


Announce¬ 
ment of 
result. 


Securing 

machine 

after 

election. 


the polls shall arrive; closing of the polls, in cases where 
voting machines are used, shall be deemed to mean that 
a voter entitled to vote, and who shall have passed 
within the outer guard-rail for that purpose before the 
time fixed by law for closing the polls, shall be allowed 
to complete the act of voting. 

338. Sec. 27. Immediately upon the close of the 
polls, the election officers shall lock the voting machine 
against further voting and open the counting compart¬ 
ment in the presence of persons who may be lawfully 
present at that time, giving full view of all the counter 
numbers; the chairman of the board of registry and elec¬ 
tion shall, in the order of the offices as their titles are 
arranged on the machine, read and announce in distinct 
tones the result as shown by the counter numbers, and 
shall then read the votes recorded for each office on the 
independent ballots; he shall also, in the same manner, 
announce the vote on each constitutional amendment, 
proposition or other question; as soon as the result for 
each office and on each amendment, proposition or other 
question is ascertained, the poll clerks shall record the 
same and submit their records to the election officers 
for examination, and if found to be correct the chairman 
shall at once announce the vote for each office, amend¬ 
ment, proposition or other question, and said result shall 
thereupon be certified and returned and proceeded with 
the same in all respects as though the said election had 
been held and conducted by the use of a ballot-box, and 
as provided by the laws in force at the passage of this 
act. 

339. Sec. 28. The election officer shall, as soon as 
the count is completed and fully ascertained, as by this 
act required, lock the machine against voting or any 
other use; and it shall-so remain for a period of thirty 
days, except by order of a court of competent jurisdic¬ 
tion; the election officers shall return the keys to the 
clerk of the municipality as aforesaid charged with the 



ELECTIONS. 


191 


care and custody of the keys; whenever irregular bal¬ 
lots of whatever description have been voted, the elec¬ 
tion officers shall return all such ballots in a properly 
secured package endorsed ‘irregular ballots,” and re¬ 
turn and file such package with the original statement 
of the result of the election made by them ; said package 
shall be preserved for six months next succeeding such 
election, and it shall not be opened or its contents ex¬ 
amined during that time except by order of a judge or 
a court lawfully empowered to direct the same to be 
opened ^d examined; at the end of said six months 
said package may be opened and said ballots disposed 
of at the discretion of the official or body having charge 
thereof. 

340. Sec. 29. Wheni one or more voting machines 
are adopted and purchased by the state or any county, 
the party or parties or corporation of whom the same 
are purchased shall give a bond to the state or such 
county with sufficient surety or sureties to keep such 
machine or machines in good working order and condi¬ 
tion for two years, at the cost and expense of such par¬ 
ties or corporation (unless the same has been damaged, 
injured or destroyed by the willful act, carelessness or 
negligence of others, or by inevitable accident.) 

341. Sec. 30. If any person who has entered a voting 
machine for the purpose of voting shall remain therein 
longer than by this act allowed, and shall not forthwith, 
on notice to do so given him by the board of election, or 
any member thereof, quit and emerge from said voting 
machine, he may be immediately removed therefrom by 
the election officers, or they may await his coming out, 
and any person who shall remain in said voting machine 
contrary to the provisions of this section shall forfeit and 
pay for each offense a sum not exceeding one hundred 
dollars, and in default of the payment of the fine as im¬ 
posed may be imprisoned in the county jail of the county 
where the offense was committed for a period not ex- 


IrreguhM- 

ballots. 


Guarantee 
by seller. 


Removal of 
person from 
booth. 



ELECTIONS. 


192 


ceeding sixty days; the proceeding for the recovery of 
the penalty shall be by complaint by any one of the elec¬ 
tion officers before any justice of the peace, police re¬ 
corder or police magistrate, who are hereby empowered 
to hear and determine said matter without the filing of 
any pleadings either on behalf of the plaintiff or de¬ 
fendant ; the penalty, when recovered, shall be paid over 
to the treasurer of the municipality where the offense 
occurred. 

Unauthorized 342. Sec. 31. Any unauthorized person found in pos- 
Kmpcdng' session of any such voting machine or keys thefeof shall 
machine. be deemed guilty of a misdemeanor and fined in a sum 
not less than twenty-five nor more than one hundred 
dollars, and imprisonment in the county jail not less 
than ten nor more than thirty days; and any person 
willfulty tampering or attempting to tamper with, dis¬ 
arrange, deface or impair in any manner whatsoever, or 
destroy any such voting machine while the same is in use 
at any election, or who shall, after such machine is 
locked in order to preserve the registration or record of 
any election made by the same, shall tamper or attempt 
to tamper with any voting machine, shall be deemed 
guilty of a felony, and on conviction thereof shall be im¬ 
prisoned in the state prison of this state at hard labor for 
not less than three nor more than ten years. 

?otTng* 343’ 3^- lawful for any political body, 

dSbs‘"etc" club, organization or association to purchase a voting 
machine or machines of the kind or kinds adopted and 
authorized to be used within the municipality where such 
political body, club, organization or association may be 
located, for the purpose of instructing its members and 
voters generally in the use of such machine or machines; 
any such machine or machines purchased for the pur¬ 
pose aforesaid shall have plainly painted, marked or 
stamped thereon the words “sample voting machine;*' 
it shall also be lawful for any such body, club, organiza¬ 
tion or association to have in its possession a diagram or 



ELECTIONS. 


193 


model of any such voting machine or machines as afore¬ 
said for the purpose of instructing its members and 
voters generally in the use of such machines; provided, 
that such diagrams or models are marked ^ ‘'sample 
diagram ’ or “sample model/^ as the case may be. 

344. Sec. 33. In voting for or against any constitu¬ 
tional amendment, proposal to bond, the issue of bonds 
or any question or proposition to be voted on, the assent 
or dissent of the voter to any such amendment, question 
or proposition may be expressed either by the words 
“for’' or “against,” or “yes” or “no.” 

345. Sec. 34. It shall be the duty of the election 
officers of the respective municipalities in this state in 
which voting machines have been or shall hereafter be 
placed, on the last regular registration day, to give in¬ 
structions as to the use of voting machines to all voters 
who shall apply for the same. 

346. Sec. 35. Whoever at any election, knowing that 
he is not a qualified voter, votes thereat; whoever at 
any election votes or attempts to vote more than once 
in his own name; whoever at any election votes or at¬ 
tempts to vote in more than one election district or 
precinct; whoever at any election votes or attempts to 
vote upon any name other than his own; whoever at 
any election counsels, procures, aids, advises, assists or 
abets any person to vote thereat, knowing that he is not 
a qualified voter; whoever at any Section counsels, pro¬ 
cures, aids, advises, assists or abets any person in voting 
in more than one voting district or precinct; whoever 
at any election counsels, procures, aids, advises, assists 
01- abets any person to vote or attempt to vote upon any 
name other than his own; whoever at any election in this 
state shall in any way willfully mark or deface any bal¬ 
lot, or shall willfully counsel, procure, aid, advise, assist 
or abet any person in the marking or defacing of any 
ballot; whoever at any election in this state shall make a 
false affidavit for any purpose; whoever at any election 

13 EEEC 


Proviso. 


Voting on 
amendments. 


Instruction 
in sse of 
machine by 
election 
oiiicers. 


Illegal voting 
or action 
at polling 
place. 



194 


ELECTIONS. 


Penalty. 


Proceedings 
for recovery. 


Obligations 
of election 
officers. 


Penally, 


shall in any way counsel, procure, aid,. advise, assist or 
abet any official or person in doing any act which is con¬ 
trary to the provisions of this act or abstain from the 
doing of'any act which is enjoined by the provisions of 
this act; whoever at any election in this state shall in 
any way willfully hinder or prevent a voter from! casting 
his legal vote, knowing such person to have a right to 
vote; whoever shall willfully tamper with, injure, 
mutilate, destroy or render unfit for use any voting ma¬ 
chine or any part thereof, shall forfeit and pay for each 
offense a sum not exceeding one hundred dollars, and in 
default of the payment of the fine as imposed may be 
imprisoned in the county jail of the county where the 
offense was committed for a period not exceeding ninety 
days; the proceedings for the recovery of the penalty 
shall be by complaint by any citizen before any justice 
of the peace, police recorder or police magistrate, who 
are hereby empowered to hear and determine said mat¬ 
ter without the filing of any pleadings either on behalf 
of the plaintiff or defendant; the penalty, when re¬ 
covered, shall be paid over to the treasurer of the mu¬ 
nicipality where the offense occurred. 

347. Sec. 36. Any public officer or election officer 
whatsoever of this state, or of a city, borough, town, 
township, municipality or election district or precinct, 
upon whom a duty is imposed by the provisions of this 
act and the act to which it is a supplement, who refuses 
of willfully neglects or willfully fails to perform such 
duty, or who willfully performs it contrary to the law, 
or in such a way as to hinder the objects of this act, shall 
for each offense, if no other penalty is herein specifically 
imposed for such offense, be guilty of a misdemeanor, 
and, on conviction, be punished by a fine not exceeding 
five hundred dollars, or by imprisonment in the state 
prison for a term not exceeding three years, or by both 
such fine and imprisonment. 



ELECTIONS. 


195 


348. Sec. 37. It shall be the duty of the state board 

of voting machine commissioners to have all voting ma¬ 
chines inspected before the general election in each year, 
and to make once a year a report of their work to the 
governor; the state board of voting machine commis¬ 
sioners shall receive a per diem of ten dollars to each 
member of said board for each day spent in performance 
of the duties imposed by this act, and all the disburse¬ 
ments and expenses incurred by the said state board of 
voting machine commissioners in carrying out the pro¬ 
visions of this act shall be paid out of any moneys in the 
state treasury not otherwise appropriated; provided, 
that no per diem shall be allowed for the examination of 
any machine; all bills for services shall be first approved 
by the governor. ' 

349. Sec. 38. All laws relating to elections now in 
force in this state shall apply to all elections under this 
act so far as the same may be applicable thereto; so far 
forth as any law or parts of laws now in being are now 
inconsistent with or repugnant to this the same are 
hereby repealed. 


CHAOPTER 234. 

A Supplement to an act entitled "‘An act to regulate 
elections'’ (Revision of 1896), approved April 
fourth, one thousand eight hundred and ninety-eight. 

Be it enacted by the Senate and General Assembly 
of the State of New Jersey: 

350. Sec. I. It shall be the duty of all town, town¬ 
ship, borough, city or other municipal clerk, at least 
forty-five days before any general or State election, to 


Inspection 
of machines; 
annual 
report. 


Commis¬ 
sioners to 
receive per 
diem. 


Proviso. 


Application 
of election 
^laws. 


Statement 
by municipal 
clerk of 
offices to be 
filled. 




196 


ELECTIONS. 


Offices to be 
filled 

printed on 
ballot. 


make and certify under their hands and seals of office 
and forward to the clerk of the county in which such 
town, township, borough, city or other municipality is 
located a statement designating the town, township, 
borough, city or other municipal offices which are to be 
filled at such election, and the number of persons to be 
voted for each office. 

351. Sec. 2. It shall be the duty of the county clerk 
of each county, in the preparation of official ballots un¬ 
der the act to which this act is a supplement, to place on 
such official ballots for each party or group of petition¬ 
ers having candidates to be voted for at any election the 
name or title of each office to be filled at such election, 
whether such party or group of petitioners shall have 
made any nomination for such office or not. 

352. Sec. 3. This act shall take effect immediately. 

Approved May 16, 1906. 


CHAPTER 158. 

A Supplement to an act entitled '^An act concerning 
townships (Revision of 1899).'' 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

Townships 353. Sec. I. All townships in this State having: a 

divided , . - , . ° 

into wards. population of more than eight thousand (8,000) inhab¬ 
itants, as shown by the official State or United States 
census, shall be divided into not less than three (3) 
wards. Each ward shall consist of a contiguous terri¬ 
tory and shall contain, as nearly as possible, an equal 




ELECTIONS. 


197 


number of inhabitants; provided, however, that where 
any such township shall heretofore have been divided 
into three or more wards, such division shall continue 
until changed in accordance with the terms and provi¬ 
sions of this act. 

354. S£)c. 2. The township committee of any town¬ 
ship in this State having a population of more than eight 
thousand (8,000) inhabitants, as shown by the official 
State or United States census, shall have two members 
from each ward, who shall hold office for the term of 
two years, and one member-at-large, who shall hold 
office for the term of one year; and a majority of the 
members of such committee shall constitute a quorum 
for the transaction of business; and no ordinance or 
resolution shall be adopt'ed except by a vote of a major¬ 
ity of the members thereof. 

355. Skc. 3. The members of each ward and the 
member-at-large shall be elected at the annual township 
election; provided, however, that the members of the 
township committee in such townships, legally in office 
when this act shall take effect, shall continue in office 
and constitute such township committee until twelve 
o’clock noon of the first day of January next succeeding 
the date this act shall take effect in such township, and 
no longer. 

The first election for committeemen under this act 
shall be held at the first annual township election after 
division of such township into wards as herein provided 
for, or in the event of any township now being divided 
into wards as provided by this act, the first election here¬ 
under shall be held at the first annual township election 
after the passage of this act. 

356. Sec. 4. The division of said townships into 
wards shall be made by a board of three commissioners 
to be appointed by the judge of the Circuit Court of the 
county in which said township is located; said commis- 


Provtso. 


Members ot 

township 

committee. 


When 

elected. 


Proviso. 


First 

election. 


How division 
made. 



ELECTIONS. 


198 


Commis¬ 
sioners’ ap¬ 
pointment 
and duties. 


When 

division 

established. 


When pres¬ 
ent method 
applies. 


Compensation. 


As to re- 
division. 


sioners to be freeholders of such county and to be ap¬ 
pointed by said judge upon the petition in writing of at 
least fifty (50) of the legal voters of said township. 

Immediately upon the presentation of such petition the 
judge of the said Circuit Court shall appoint such com¬ 
missioners, who shall forthwith proceed, after being duly 
sworn by the clerk of the county to perform their duties 
faithfully, to make a division of such township into 
wards, as provided in this act; and the report of the said 
commission, signed by at least two members thereof, 
shall be filed in the office of the clerk of the county 
wherein such township is located, and a certified copy 
thereof shall be filed by such commission with the clerk 
of the township. 

357. Sec. 5. The filing of the report of the commis¬ 
sion with the clerk of the county and the filing of a cer¬ 
tified copy thereof with the town clerk shall operate to 
establish a division of such township into wards. 

358. Sec. 6. In the event of their being no applica¬ 
tion made to the judge of the Circuit Court for the ap¬ 
pointment of commissioners then the method of selecting 
such committeemen in such townships, or any of them, 
shall continue to be the same as that required by law at 
the time of the passage of this act. 

359. Sec. 7. The commissioners appointed by the 
court shall receive such compensation for their services 
as the court may determine, such compensation to be 
paid by the township, and the money therefor shall be 
laised by taxation in such township. 

360. Sec. 8. In any township divided into wards, as 
provided by this act and under and by virtue of the 
terms of this act, there shall not be a re-division, or a 
changing of the ward lines, until official declaration of 
the next State or United States census. 



ELECTIONS. 


199 


361. Sec. 9. Nothing herein contained shall be con¬ 
strued to affect or provide for the division into wards of 
municipalities, the boundaries of which shall be co¬ 
terminous and co-extensive with the boundaries of the 
township of which they are a part. 

362. Sec. 10. All acts or parts of acts, general or 
special, inconsistent herewith are hereby repealed. 

363. Sec. II. This act shall take effect immediately. 

Approved April 30, 1906. 


CHAPTER 206. 

A Supplement to an act entitled ‘‘An act for the punish¬ 
ment of crimes (Revision of 1898),’' approved June 
fourteenth, one thousand eight hundred and ninety- 
eight. 

Be it enacted by the Senate and General Assembly 
of the State of Nem Jersey: 

364. Sec. I. Any person who shall, directly or in¬ 
directly, by himself or by any other person in his behalf, 
give, lend, or agree to give or lend, or procure, or agree 
to procure or offer or promise to procure, or endeavor to 
procure, any money or other valuable consideration or 
thing, or any office, place or employment to or for 
any voter, or to or for any person, in order to induce 
such voter to vote or refrain from registering or voting 
at any election, or shall corruptly do or commit any of 
the acts in this section mentioned, on account of any 
voter having voted or refrained from' voting, or having 
registered or refrained from registering for any elec¬ 
tion, shall be guilty of a misdemeanor, and upon convic- 


Municipali- 
ties excepted. 


Repealer. 


Bribery at 
election a 
mredemeanor. 




200 


ELECTIONS. 


Penalty. 


Contributing 
with view to 
bribery a 
misdemeanor. 


Penalty. 


Receiving 
rewards or 
promises a 
misdemeanor. 


Penalty, 

disfran¬ 

chisement. 


Illegal for 
employer to 
influence 
employe 
improperly. 


tion thereof shall be sentenced to disfranchisement for 
a period of five years from the date of conviction. 

365. Sec. 2. Any person who shall give, advance or 
pay, or cause to be given, advanced or paid, any money 
or other valuable thing to any person, or to the use of 
any other person, with the intent that such money or 
other valuable thing, or any part thereof, shall be ex¬ 
pended, or used for bribery of voters, or for any other 
unlawful purpose at any election, or who shall know* 
ingly pay, or cause to be paid, any money to any person 
wholly or in part expended in bribery of a voter or voters 
at any election, shall be guilty of a misdemeanor, and, on 
conviction thereof, shall be sentenced to disfranchise¬ 
ment for five years from the date of conviction. 

366. Sec. 3. Any person who shall, directly or in¬ 
directly, by himself, or by any other person on his behalf, 
receive, agree or contract for any money, gift, loan or 
valuable consideration, office, place or employment for 
himself or for any other person for voting or agreeing 
to vote, or for refraining or agreeing to refrain from 
voting at any election, or for registering or agreeing to 
register, or for refraining or for agreeing to refrain 
from registering for any election, shall be guilty of a 
misdemeanor, and on conviction thereof, shall be sen¬ 
tenced to disfranchisement for a period of five years 
from the date of conviction. 

367. Sec. 4. Any employer of any workmen, or any 
agent, superintendent or overseer of any company or 
corporation employing workmen, or any person who¬ 
soever, who shall directly or indirectly, by himself or by 
any other person in his behalf or by his direction, make 
use of or threaten to make use of any force, violence or 
restraint, or inflict or threaten to inflict by himself or 
by any other person any injury, damage, harm, or loss 
against any person or persons in his employ, in order 
to induce or compel such employee or employees to vote 




ELECTIONS. 


201 


or refrain from voting for any particular candidate or 
candidates at any election, or on account of such em¬ 
ployee or employees having voted or refrained from 
voting for any particular candidate or candidates at any 
election, or who shall, by any sort of duress, constraint 
or improper influence or by any fraudulent or improper 
device, contrivance or scheme, impede, hinder or pre¬ 
vent the free exercise of the franchise of any voter at 
any election, or shall thereby compel, induce, or prevail 
upon any voter to vote for or against any particular 
candidate or candidates at any election, shall be guilty 
of a misdemeanor, and on conviction thereof shall be 
sentenced to disfranchisement for a period of five years 
from the date of conviction. 

368. Sec. 5. Any person who, having once been con¬ 
victed of a violation of any of the provisions of this act, 
shall again be convicted of a violation of any of the pro¬ 
visions of this act, whether such conviction be for the 
same offense or not, shall, on such second conviction, be 
sentenced to disfranchisement and to pay a fine not ex¬ 
ceeding one thousand dollars, or to imprisonment for a 
term not exceeding five years, or both, at the discretion 
of the court. 

369. Sec. 6. No person shall be excused from attend¬ 
ing and testifying, or producing any books, papers or 
other documents before any court on any indictment for 
violation of any of the provisions of this act, upon the 
ground or for the reason that the testimony or evidence, 
documentary or otherwise, required of him may tend to 
convict him of a crime or to subject him to a penalty or 
forfeiture, but no person shall be prosecuted or sub¬ 
jected to any penalty or forfeiture for or on account of 
any transaction, matter or thing concerning which he 
may so testify or produce evidence, documentary or 
otherwise, and no testimony so given or produced shall 
be received against him upon any criminal proceeding or 
action. 


Penalty. 


Penalty for 

second 

offense. 


Compulsory 

testimony. 


Incriminating 
testimony 
not used 
against 
witness. 



202 


ELECTIONS. 


Rcpcalef. 


Bribery. 


No contri¬ 
butions or 
promises. 


Entertain¬ 

ment. 


Clubs. 


Literature. 


370. Sec. 7. All acts and parts of acts inconsistent 
with the provisions of this act be and the same are 
hereby repealed. 

371. Sec. 8 . This act shall take effect immediately. 
Approved May 3, 1906. 


CHAPTER 208. 

An Act to define the crime of bribery and to provide 
for the punishment therefor. 

Be it enacted by the Senate and General Assembly 
of the State of New Jersey: 

^y2. Sec. I. Any person who shall do any act herein¬ 
after prohibited shall be deemed guilty of the crime of 
bribery and shall be punished therefor as hereinafter 
provided. 

373. Sec. 2. No person shall give or agree to give 
for the purpose of promoting or procuring the election 
of a candidate for public office, or for the purpose of 
promoting or procuring the nomination of any person 
as a candidate for public office, any money or any valu¬ 
able thing to be used for any of the purposes hereinafter 
enumerated. 

(а) To provide or give or to pay, wholly or in part, 
the expense of giving or providing any meat, drink, 
entertainment or provision to or for any person for the 
purpose of influencing that person or any other person 
to give or refrain from giving his vote at any election, 
or on account of any such person or any other person 
having voted or refrained from voting. 

(б) To provide for the payment of rent for or for 
the purpose of providing and fitting up any clubroom 
for social or recreative purposes, or providing for uni¬ 
forms for any organized club. 

(c) To provide for the payment for the insertion In 




ELECTIONS. 


203 


any newspaper or magazine of any article tending to 
influence any voter; provided, however, that this pro¬ 
hibition shall not be construed to prohibit the insertion 
of paid advertisements, which advertisements shall be 
indicated by the words *‘This advertisement has been 
paid for by . . .(inserting the name of the 
person or persons paying for the same). 

374. Se:c. 3. No person shall accept any money or 
other valuable thing, the payment of which is prohibited 
by this act. 

375. Sec. 4. Any person found guilty of bribery as 
hereinabove defined shall be guilty of a misdemeanor, 
and upon conviction thereof shall, for the first offense 
be disfranchised for a period of two years from the date 
of such conviction, and for any subsequent offense shah 
be perpetually disfranchised, and in addition thereto the 
court in which such conviction is obtained, may, in its 
discretion, in case of a subsequent conviction, impose 
upon the person so convicted, the punishment now pre¬ 
scribed by law for a misdemeanor. 

376. Sec. 5. No person called to testify in any pro¬ 
ceedings under this act shall be liable to a criminal pros¬ 
ecution, either under this act or otherwise, for any mat¬ 
ters or causes in respect to which he shall be examined, 
or to which his testimony shall relate, except to a prose¬ 
cution for bribery committed in such testimony; nor 
shall any person, when called to testify in any trial for 
a violation of this act, be privileged to refuse to answer 
any questions which may be asked him, upon the ground 
that the same will tend to degrade or incriminate him. 

377. Sec. 6. Nothing in this act contained shall be 
construed to alter, modify, amend or repeal any statute 
of this State imposing any penalty for any offenses in 
connection with the holding of an election; provided, 
however, that this section shall not be construed to alter 
or modify the provisions of section five of this act. 

378. Sec. 7. This act shall take effect immediately. 

Approved May 3, 1906. 


Provlfo; 
paid adver- 
tiaements. 


Not accept 
gift. 


Penalty for 
violations. 


Incriminating 
testimony 
not used 
against 
witness. 


Construction 
of act. 


Proviso. 





204 


ELECTIONS. 


CHAPTER 296. 

A Supplement to an- act entitled “An act to regulate 
elections,” approved April fourth, one thousand eight 
hundred and ninety-eight. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

alfpro^rittions 379 - Sec. I. The members of any political party 
baiiots!”^*^^ which now is or may hereafter be entitled to nominate 
candidates at the primary elections provided for in the 
act to which this act is a supplement, in all municipalities 
where tax levies and appropriations of money to be 
raised by tax are fixed by vote of the people, in addition 
to nominating delegates or candidates at such primary 
elections, may also vote for a schedule of appropriations 
to be placed on the party ticket at the ensuing election; 
if the petitioners nominating candidates for office or for 
delegates shall include in their petition an endorsement 
of any proper schedule of appropriations, accompanied 
with a prayer that the schedule of appropriations be 
placed on the primary ballots, the clerk or other officer 
whose duty it may be to prepare the primary ballots shall 
place thereon such a schedule of appropriations accord- 
Resuit. ing to the prayer of such petition. The result of such 

primary election in the premises shall be certified as in 
the case of candidates nominated at said election. Nomi¬ 
nations of candidates by petition may also endorse a 
schedule of such appropriations. The party ballot or 
party column of any voting machine shall contain the 
schedule of appropriations as determined by the voters 
at such primary election, as prayed for in any such peti¬ 
tion. 

380. Sec. 2. This act shall take effect immediately. 
Approved May 24, 1906. 



ELECTIONS. 


205 


CHAPTER 34. 

A Further Supplement to an act entitled “An act for the 
punishment of crimes (Revision of 1898),” approved 
June fourteenth, eighteen hundred and ninety-eight. 

Be it enacted hy the Senate and General Assembly 
of the State of Nezv Jersey: 

381. No' insurance corporation or association doing 
business in this State shall, directly or indirectly, pay 
or use, or offer, consent or agree to pay or use, any 
money or property for or in aid of any political party, 
committee, organization or corporation, or for or in aid 
of any candidate for political office, or for nomination 
for such office, or for any political purpose whatsoever, 
or for the reimbursement or indemnification of any per¬ 
son for money or property so used. Any officer, direc¬ 
tor, stockholder, attorney or agent of any corporation 
or association which violates any of the provisions of 
this act, who participates in, aids, abets, or advises or 
consents to any such violation, and any person who 
solicits or knowingly receives any money or property in 
violation of this act, shall be guilty of a misdemeanor. 

No person shall be excused from attending and tes¬ 
tifying, or producing any books, papers or other docu¬ 
ments, before any court or magistrate upon any in¬ 
vestigation, proceeding or trial, for a violation of any 
of the provisions of this act, upon the ground or for the 
reason that the testimony or evidence, documentary or 
otherwise, required of him may tend to incriminate or 
degrade him; but no person shall be prosecuted or sub¬ 
jected to any penalty or forfeiture for or on account~ef 
any transaction, matter or thing concerning which he 
may so testify or produce evidence, documentary or 
otherwise, and no testimony so given or produced shall 


[p. h. 1907.] 


Political con¬ 
tributions by 
insurance 
companies 
prohibited. 


Violation a 
misdemeanor. 


Witnesses 
must testify. 



206 


ELECTIONS. 


Duties of 
voting 

machine com 
mission trans 
ferred to 
secretary of 
state. 


As to appro¬ 
priations. 


Proviso. 


be used against him upon any criminal investigation or 
proceeding. 

Approved April lo, 1907. 


CHAPTER 268. 

An Act to abolish the “State Board of Voting Machine 

Commissioners/’ and to cast the duties of said com¬ 
missioners Upon the Secretary of State. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

382. Sec. I. The “State Board of Voting Machine 
Commissioners” fs hereby abolished, and all the powers 
and duties now exercised and performed by said com¬ 
missioners are hereby devolved upon and shall be exer¬ 
cised and performed by the Secretary of State of this 
State. 

383. Sec. 2. All appropriations of money made to 
said “State Board of Voting Machine Commissioners” 
shall enure to the Secretary of State for the purpose of 
carrying out this act; provided, however, that for 
services rendered by the Secretary of State in the per¬ 
formance of the duties herein imposed upon him he 
shall receive no compensation in addition to his present 
salary as Secretary of State. 

384. Sec. 3. This act shall take effect immediately. 

Approved October 12, 1907. 



ELECTIONS. 


207 


CHAPTER 278. 

A Supplement to an act entitled “A further supplement 
to an act entitled ‘An act to regulate elections/ ap¬ 
proved April fourth, one thousand eight hundred and 
ninety-eight,” which further supplement was approved 
April fourteenth, one thousand nine hundred and 
three. 

Be; it e:nacted by the Senate and General Assembly 
of the State of New Jersey: 

385. Sec. I. Hereafter all candidates of political par¬ 
ties for the following offices, to wit, members of state 
senate, members of general assembly, county clerk, sur¬ 
rogate, register of deeds, sheriff, county supervisor 
coroner, mayor and for all elective offices of any county 
in this state, to be voted for at the general election for 
members of the general assembly, by the voters of any 
county in the state, or of any political subdivision thereof 
shall be nominated directly without the intervention 
of delegates or conventions, at the primary elections held 
pursuant to the act to which this act is a supplement, and 
the acts amendatory thereof and supplemental thereto; 
provided, that the provisions of this act shall not apply 
to the nomination of candidates for representatives in 
congress. 

386. Sec. 2. Not less than one hundred voters of any 
political party may file with the county clerk of their 
county a petition or petitions endorsing any member or 
members of their political party as a candidate or candi¬ 
dates for the nomination of said party to any public 
office of any county and requesting that the name of the 
person or persons so endorsed be printed upon the offi¬ 
cial primary ballot of such political party. The said 
petition or petitions shall be signed in the manner and 
form provided for the signing and filing of nominating 


Direct 
nominations 
at primaries. 


Proviso. 


Petition to 
place names 
on primary 
ticket. 



ELECTIONS. 


208 


Time for 
iHiiijr. 


TAmended, 
P. L. 1910, 
p. 249.] 


Ballot pre¬ 
pared by 
municipal 
clerk. 


Arrangement 
of names. 


Result of 
primary 
election filed 
with county 
clerk, who it 
to canvas 
returns. 


[Amended, 
P. t,. 1908, 
P- 413 ] 


petitions under the act to which this act is a supplement, 
and shall have attached thereto the affidavit and accept¬ 
ance as required by said act. Said petition or petitions 
shall be filed with the respective county clerks at least 
twenty days prior to the time fixed by law for the 
holding of such primary election, and the said county 
clerk shall certify all of said nominations to the clerks 
of each municipality in his respective county at least 
fifteen days prior to the time fixed by law for the 
holding of said primary elections, specifying in said 
certificate the political party to which the person or 
persons so nominated belong, and said municipal clerks 
shall each respectively prepare the official primary bal¬ 
lot as required by the act to which this act is a supple¬ 
ment and shall cause to be printed upon the respective 
tickets for each political party under the name of the 
office or offices to be filled, the names of all persons 
so certified as nominated for the respective offices to be 
filled, in addition to the other names to be printed 
thereon as required by law. In all cases where more 
than one person is to be elected to the same oc similar 
office, and the petitioners desire and so request in their 
petition, the municipal clerk instead of printing the 
names of the various persons so nominated on the 
primary ballot, alphabetically, as now provided by law, 
shall print all of the names so endorsed in said petition 
consecutively, and shall bracket all of the names in said 
petition under the names of the offices to be filled. 

387. Sec. 3. The board of registry and election in 
each election district of every county in this state shall 
include the results of such primary election as to the can¬ 
didates affected by this act in the statement which they 
are now required by law to transmit toi the municipal 
clerk, and the said municipal clerk shall forthwith trans¬ 
mit the said results to the county clerk, whoi shall forth¬ 
with canvass said returns, and the person having in the 
the highest number of votes shall be the candi- 



ELECTIONS. 


209 


date of his respective party for the office to be filled. In 
case more than one person is to be elected to the same 
or similar office, the persons having the highest number 
of votes to the extent of the number of offices tO' be filled 
shall be the candidates of their respective parties for the 
said offices. In the event of a failure to select a candi¬ 
date of any political party for any office affected by this 
act, by reason of two or more persons receiving the high¬ 
est and the same number of votes, the chairman of the 
county committee of said political party shall select from 
said candidates one to be the party candidate for the office 
in question, and file a statement of such selection with the 
county clerk, and the person so selected shall be the can¬ 
didate of the party at the ensuing election. The county 
clerk shall cause to be printed upon the official ballots 
of the respective political parties, to be used at the suc¬ 
ceeding general election, the names of the candidates 
nominated as aforesaid to fill the respective offices. 

388. Sec. 4. Not less than fifty voters of any political 
piarty in any municipality of this state other than a 
county, may file with the clerk of such municipality a pe¬ 
tition endorsing any member of their political party as a 
candidate for the nomination of said party to public office 
in said municipality in accordance with and in the man¬ 
ner provided by the act to which this is a supplement 
for the endorsing of candidates for nomination in a 
single ward or township, and such municipal clerk shall 
cause the names of all persons so nominated to be 
printed upon the official primary ballots of the respective 
political parties, in the election districts, the voters of 
which are entitled to vote for such candidate, and the 
result of said primary election shall be transmitted to 
the municipal clerk, and by him to the county clerk of 
said county in the manner provided in the preceding 
section of this act, and the person receiving the highest 
number of votes shall be the candidate of his political 
party at the ensuing election, and the county clerk shall 
14 EEEC 


Names of 
candidates on 
ballots. 


Endorsement 
by petition to 
place name 
on primary 
ticket. 
[Amended, 

P. L. 1908, 

P. 413 ] 


Name on 



210 


elections. 


Proviso. 


Act, how 
construed. 


Amended, 
P. L. 1908, 
p. 413. 


Expression of 
voter at 
primaries for 
D. S. senator. 


cause his name tO' be printed as such candidate upon the 
official ballot of his party, to be used in the election 
districts entitled toi vote for said office; provided, that 
nothing in this section contained shall interfere with or 
alter the provisions of an act tO' which this act is a 
supplement, providing for the nomination of candidates 
for public office in a single borough, ward or township. 

389. Sec. 5. The provisions of this act shall be con¬ 
strued in conjunction with the provisions of the act to 
Vv^hich this is a supplement and the several supplements 
thereto and amendments thereof, and said acts shall 
apply to the nominations provided by this act, except 
where inconsistent therewith. 

390. Sec. 6. This act shall take effect immediately. 

Approved October 28, 1907. 


CHAPTER 281. 

A Supplement to an act entitled “A further supplement 
toi an act entitled ‘An act to regulate elections’ (Revi¬ 
sion of 1898), approved April fourth,'one thousand 
eight hundred and ninety-eight,” which further sup¬ 
plement was approved April fourteenth, one thousand 
nine hundred and three. 

Be it enacted by the Senate and General Assembly 
of the State of New Jersey: 

391. Sec. I. In any year preceding the election by 
the legislature of a United States senator it shall be 
lawful, at the primary election of any political party 
entitled to hold an election under the provisions of the 
act to which this act is a supplement, for the voters of 
such political party in this state to express, in the man- 




ELECTIONS. 


2 II 


ii€r hereinafter provided, the preference of said voters 
for United States senator. 

392. Se:c. 2. Not less than one thousand voters of 
such political party may file with the secretary of state 
a petition or petitions in the form required for the nomi¬ 
nation of candidates to be voted for at a primary elec¬ 
tion by the act toi which this act is a supplement, except 
so far as the same is modified by this act, endorsing any 
member of their political party as a candidate for the 
endorsement of said political party for United States 
senator. Said petition or petitions shall each be verified 
by the oath or affirmation of two or more of the signers 
thereof, taken and subscribed before a person qualified 
under the laws of New Jersey to administer an oath, to 
the effect that such petition, tO' the best of the knowledge 
and belief of the affiants, is signed in their proper hand¬ 
writing by each of the signers thereof; that such signers 
are, to the best of the knowledge and belief of the 
affiants, legal voters of the state, and belong to the 
political party named in said petition ; that the person 
named therein has the legal qualifications for the office 
of a United States senator; that such petition is pre¬ 
pared and filed in absolute good faith for the sole pur¬ 
pose of securing the endorsement of the person therein 
named by the voters of said party for United States 
senator. 

Not less than twenty days prior to- the holding of said 
primary election the secretary of state shall transmit to 
the county clerk of each county copies of said petition. 
The county clerk shall, under his hand and seal, certify 
to each municipal clerk in his coimty, not less than ten 
days prior to said primary election, the name or names 
of all persons who' have been endorsed by petitions trans¬ 
mitted to him as aforesaid. The said municipal clerks, 
in preparing the official ballot to be used at the said 
primary election for the said political party, shall insert 


Nomination 
by petition. 


Verified 
by oath. 


Secretary of 
state to 
notify county 
clerks. 


Municipal 

clerks 

notified. 



212 


Voting and 
canvassing. 


Each member 
of legislature 
notified by 
secretary of 
state. 


Candidates 
for legisla¬ 
ture to make 
statement. 


Form of 
statements. 


ELECTIONS. 


thereon the words ‘‘Favored for United States Senator/" 
and shall place thereunder the names of all persons so 
certified to said clerk, in alphabetical order. 

393. Sec. 3. The voting, counting and canvassing of 
the votes cast for such candidates shall be the same as is 
provided for the voting, counting and canvassing of votes 
by the act to which this act is a supplement. Each mu¬ 
nicipal clerk shall, within five days after the holding of 
such election, certify the result of the election for en¬ 
dorsement for United States senator to the county clerk 
of his county, and the county clerk shall proceed to 
tabulate the result, so certified to him, and shall then 
certify the results to the secretary of state, who in turn 
shall tabulate the results, and, prior tO' the convening of 
the session of the legislature at which the election for 
United States senator is to be held, announce publicly 
the result, and certify, under his hand and seal, a state¬ 
ment of the total votes received in the state by each 
candidate for endorsement for United States senator to 
each member of the senate and general assembly. 

394. Sec. 4. In filing his acceptance of a nomination 
for the office of state senator or member O'f the general 
assembly, a candidate may sign and file a copy of one of 
the two following statements, copies of which shall be 
prepared by the county clerks and handed to each nomi¬ 
nee for senator or member of the general assembly in 
the respective counties, and when such statement is 
signed and filed by the nominee, the county clerks shall 
receive and preserve the same as a public record, and 
shall publicly announce, as soon as all acceptances of 
nominations have been filed, what nominees or candi¬ 
dates have signed each form of statement: 

STATEMENT NO. I. 

“I further state to the people of.. . .county 

that during my term of office I will vote for that can- 




ELECTIONS. 213 


didate for United States senator in congress who has 
received the highest number of votes in my party in the 
county for that position at the primary election next 
preceding the election of a senator in congress, without 
regard to my individual preference.” 


(Signature of the nominee.) 
stateme:nt no. 2. 

'T further state to the people of....countv 

that during my term of office I will vote for that can¬ 
didate for United States senator who has received the 
higest number of votes in my party in the state for 
that position at the primary election next preceding the 
election of a senator in congress, without regard to my 
individual preference.” 

(Signature of the nominee.) 

395. Sec. 5. This act shall take effect immediately. 
Approved October 28, 1907. 


CHAPTER 16. 

A Supplement to an act entitled ^‘An act to regulate 
elections” (Revision of 1898), approved April fourth, 
one thousand eight hundred and ninety-eight. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

396. Sec. I. All register of voters or register books 
which are required to be filed with the county clerks of 
the various counties of this state, by and under the above- 
stated act, shall be preserved by such county clerks for a 
period of five years after the holding of the general elec- 







214 


ELECTIONS. 


Sale of past 
files. 


Referendum 
at to use of 
voting 
machine. 


Petition of 
voters. 


Special 

election. 


tion at which they were used, and thereafter shall be sold 
by such county clerks as waste paper, the proceeds to be 
paid into the county treasury. 

397. Skc. 2. This act shall also authorize the several 
county clerks to sell all register-books, or register of 
voters, which have been on file five years previous to the 
passage of this act, the proceeds to be paid into the county 
treasury. 

398. S^c. 3. This act shall take effect immediately. 
Approved March 17, 1908. 


CHAPTER 163. 

A Supplement to an act entitled '‘An act to provide for 
the purchase of voting machines, and to regulate the 
use of the same at elections,” approved April twenty- 
eighth, nineteen hundred and five. 

Be it enacted by the Senate and General Assembly 
of the State of New Jersey: 

399. Sec. I. When any voting machine has been or 
shall hereafter be supplied or provided, either by state 
or county, for any election district in this state, it shall 
be and hereby is made the duty of the governing body of 
the municipality in which such election district is situate, 
upon the presentation to such governing body of a peti¬ 
tion, in writing, signed by at least twenty-five per centum 
of the legal voters of such election district, as shown by 
the registry-list for the last preceding general election, 
protesting against the use of such voting machines at 
elections to be thereafter held in such election district, 
to order, within fifteen days after the presentation of 
such petition, that a special election be held in such elec¬ 
tion district, not less than thirty days nor more than 
sixty days from the date of such order, to determine upon 




ELECTIONS. 


the retention or rejection of such voting machine; pro¬ 
vided, that such election shall not be held within sixty 
days prior to any general election in said municipality. 

400. Sec. 2. A special election, when ordered as here¬ 
inabove provided, shall be held at the usual place of hold¬ 
ing elections in such election district, and public notice 
thereof sh^l be given by the clerk of the municipality 
in which said election district is situated by putting up 
an advertisement, signed by said clerk, in at least ten 
of the most public places within said election district, 
at least eight days prior to and within thirty days next 
preceding the day of said special election, making known 
the time, place and purpose of holding the same, and also 
by publishing said advertisement in two or more news¬ 
papers published or circulating in said municipality to 
be designated by the governing body thereof, for at least 
two insertions within the time aforesaid. Said special 
election shall be conducted in accordance with the provi¬ 
sions of ‘‘An act to regulate elections (Revision of 
1898),’' approved April fourth, eighteen hundred and 
ninety-eight, and the several acts amendatory thereof and 
supplemental thereto, so far as the same may be appli¬ 
cable, except as modified by this act. 

401. Sec. 3. At any election held in accordance with 
the provisions of this act the votes shall be by ballot, 
which shall have thereon legibly printed or written, or 
partly printed and partly written,, with black ink or 
pencil, either the words “For the voting machine,’^ or the 
words “Against the voting machine.’’ The ballots shall 
be deposited in a ballot-box, and need not be what is 
known as “official ballots.” At such election no propo¬ 
sition shall be submitted except the foregoing. There 
shall be no registration for said election, but the board 
of election shall procure and use at such special election 
a certified copy of the register of voters used at the 
last preceding general election, and no person shall be 
entitled to vote whose name does not appear on said 


215 


Proviso. 


Notice of 
election. 


Election, 
how con¬ 
ducted. 


Ballots. 


Resrister of 
voters used. 



ELECTIONS. 


216 


Duplicate 
statement of 
result. 


Disposition 
of state¬ 
ments. 


If machine 
displaced, 
ballot-box 
to be used. 


Disposition 
of machine. 


register, unless said voter shall appear in person before 
said board and satisfy said board by affidavit, which 
the said board is hereby authorized to take, that said 
voter has acquired the right of suffrage in said election 
district since said registration was made. 

402. Sec. 4. The district board of election, after 
canvassing and counting the votes cast at shch special 
election, shall make duplicate statements of the result 
thereof and certify the same in the usual form, and shall, 
within two days next after said election, deliver two of 
said statements to the clerk of the municipality in which 
said election district is situate, who shall thereupon file 
one of said statements in his office, and, in case a ma¬ 
jority of the ballots cast at said election shall have 
thereon the words ‘‘Against the voting machine,'* deliver 
or safely transmit the other statement to the secretary 
of state of this state in case the voting machine in said 
election district has been supplied by the state, or to the 
county clerk of the county in case said voting machine 
has been supplied by the county. 

403. Sec. 5. If a majority of the ballots cast at such 
special election shall contain the words “Against the 
voting-machine,” it shall no longer be the duty of the 
persons appointed to conduct the election in said election 
district to use the said voting machine at elections there¬ 
after to be held therein, as provided by the act to which 
this is a supplement,, but the use of said voting machine 
at elections in said election district shall cease, and at 
all elections there shall be used in place thereof a ballot- 
box and ballots, as provided by an act entitled “An act to 
regulate elections (Revision of 1898),” approved April 
fourth, one thousand eight hundred and ninety-eight, 
and the several acts amendatory thereof and supple¬ 
mental thereto. The said voting machine shall in such 
case be held by the governing body of the municipality 
in which the election district is situate, subject to the 
order of the secretary of state or the board of chosen 



ELECTIONS. 


217 


freeholders, or governing body of the county, which¬ 
ever shall have supplied the same, nor.shall any voting 
machine be thereafter placed or used in said election 
district except upon the request in writing of a majority 
of the registered legal voters of said district. 

404. Sec. 6. If a majority of the votes cast at such 
election shall be ‘‘For the voting machine,” it shall not be 
lawful for the governing body of the municipality in 
which the election district is situated to order another 
special election to be held in such district to determine 
upon the retention or rejection of such voting machine 
until after the lapse of at least two years from the date 
of the order for such prior special election. 

405. Sec. 7. Any legal voter of any election district 
within which a special election shall have been held as 
hereinabove provided may contest the validity of such 
special election by filing a petition, duly verified, with 
the judge of the court of common pleas, or with the 
judge of the circuit court of the county in which such 
election district is situated, within ten days after such 
election, setting forth the grounds for contest. The 
judge, upon the filing of said petition, shall forthwith 
issue a summons, addressed to the district board of 
election of the election district in which such special 
election shall have been held and tO' the clerk of the mu¬ 
nicipality within which such election district is situated, 
notifying said board and clerk of the filing of such peti¬ 
tion and directing them to appear before said court with 
the ballot-box containing the ballots cast at such special 
election, at a time and place named in said summons, 
which time shall not be more than fifteen days nor less 
than five days from the date of said summons. The 
judge issuing such summons shall have jurisdiction to 
hear and finally determine the merits of said petition, and 
the proceedings thereon shall conform, as near as may 
be to the provisions with respect to contested elections 
contained in an act entitled '‘An act to regulate elec- 


If machine 
retained, no 
submission of 
question for 
two years. 


Validity of 
election may 
be questioned. 


Ground for 
contest. 


Hearing. 


Law applic¬ 
able. 



2 I 8 


Security 

furnished. 


Petition to 
place names 
for free¬ 
holder on 
primary 
ticket. 


ELECTIONS. 


tions (Revision of 1898),” approved April fourth, one 
thousand eight hundred and ninety-eight, and the sev¬ 
eral acts amendatory thereof and supplemental thereto. 
The judge to whom said petition is presented shall re¬ 
quire the person or persons presenting the same to 
furnish security for the cost of the proceedings thereon 
before permitting such petition to be filed or issuing 
the summons as hereinbefore provided. 

406. Sec. 8. This act shall take effect immediately. 

Approved April 10, 1908. 


CHAPTER 208. 

A Supplement to an act entitled ‘‘A supplement to an 
act entitled ‘A further supplement to an act entitled 
'"An act to regfulate elections,” approved April fourth, 
one thousand eight hundred and ninety-eight,’ which 
further supplement was approved April fourteenth, 
one thousand nine hundred and three,” and which 
supplement was approved October twenty-eighth, one 
thousand nine hundred and seven. 

Be it enacted by the Senate and General Assembly 
of the State of Nem Jersey: 

407. Sec. I. In all cases where the voters of two or 
more municipalities of this state vote jointly for the 
office of chosen freeholder not less than three legal voters 
of any political party in each municipality may file with 
the clerk of their respective municipality a petition en¬ 
dorsing any member of their political party as a can¬ 
didate for the nomination of said party to the said office 
of chosen freeholder, in the manner provided by the 
act to which this act is a supplement for the endorsing 
of candidates for nomination in a single ward or town¬ 
ship. And such municipal clerk shall cause the names 
of all persons so nominated to be printed upon the 
official primary ballots of his municipality, and the re- 




ELECTIONS. 


219 


suit of said primary election shall be transmitted to the 
municipal clerk, and by the municipal clerk in each of 
said municipalities to the county clerk of said county 
in the manner provided in the act to which this act is a 
supplement; and the person receiving in the aggregate 
the highest number of votes in the various municipalities 
entitled to vote for said office, shall be the candidate of 
his political party at the ensuing election; and the county 
clerk shall cause his name to be printed as such candi¬ 
date upon the official ballot of his party to be used in the 
election districts entitled to vote for said office. 

408. Sec. 2. This act shall take effect immediately. 

Approved April 13, 1908. 


CHAPTER 123. 

A Supplement to an act, entitled “An act to regulate 
elections,’' approved April fourth, one thousand eight 
hundred and ninety-eight. 

Be it enacted by the Senate, and General Assembly 
of the State of New Jersey: 

409-. Sec. I. Whoever writes, prints, posts or dis¬ 
tributes, or causes to be written, printed, posted or dis¬ 
tributed a circular or poster which is designed or tends 
to injure or defeat any candidate for nomination or 
election to any public office, unless there appears upon 
such circular or poster, in a conspicuous place, either 
the names of the chairman and secretary, or of two 
officers of the political or other organization issuing the 
same, or of some voter who is responsible therefor, with 
his name and post office address shall be guilty of a mis¬ 
demeanor. 

410. Sec. 2. All acts and parts of acts inconsistent 
with this act be and the same are hereby repealed. 

411. Sec. 3. This act shall take effect immediately. 
Approved April 16, 1909. 


Candidate of 
party at 
ensuing 
election. 


Responsibility 
for election 
publications. 


Repealer. 




220 


PXECTIONS'. 


Acceptance of 
nomination 
necessary to 
place name 
on ballot. 


Repealer. 


Time for 
filing petition. 


CHAPTER 40. 

A Further Supplement to an act entitled “An act to 
regulate elections” (Revision of 1898), approved 
April fourth, one thousand eight hundred and ninety- 
eight. 

Be it enacted by the Senate and General Assembly 
of the State of New Jersey: 

412. Sec. I. If at any primary any person is nomi¬ 
nated as a candidate for office who before the holding of 
such primary had not filed a certificate consenting to 
stand as a candidate if so nominated, the name of such 
candidate shall not be printed on the official ballot unless 
the person so nominated as a candidate shall, within 
ten days after the holding of such primary, file in the 
office of the clerk of the county within which said 
primary was held a certificate stating that he is qualified 
for the office and accepts such nomination. 

413. Sec. 2. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

414. Sec. 3. This act shall take effect immediately. 
Approved March 23, 1910. 


CHAPTER 80. 

A Supplement to an act entitled “A further supplement 
to an act entitled 'An act to regulate elections,’ ap¬ 
proved April fourth, one thousand eight hundred and 
ninety-eight,” which further supplement was ap¬ 
proved April fourteenth, one thousand nine hundred 
and three. 

Be it enacted by the Senate and General Assembly 
of the State of Nezv Jersey: 

415. Sec. I. All petitions providing for the nomina¬ 
tion of candidates for public office in a single borough. 




ELECTIONS. 


221 


ward or township, and all petitions endorsing the person 
or persons therein named for the position of delegate 
or delegates to the ensuing State, or congressional con¬ 
vention (as the case may be), shall be filed with the 
municipal clerk, not less than fifteen days prior to said 
primary election. 

416. Sec. 2. All acts and parts of acts which in any 
v/ay conflict with the provisions of this act are hereby 
repealed, and this act shall take effect immediately. 

Approved April i, 1910. 


CHAPTER 87. 

A Supplement to an act entitled ‘'An act to regulate 
elections,” approved April fourth, one thousand eight 
hundred and ninety-eight. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

417. Sec. I. All lawful expenses heretofore incurred 
within the body of the county, in special elections held 
throughout thv' State or throughout the body of any 
county thereof, shall be paid by the board of chosen 
freeholders of such county, unless otherwise provided by 
law. 

418. S^c. 2. If no item of appropriation was inserted 
in any county tax budget for the payment of such ex¬ 
penses, or if the item was exceeded, and such board of 
freeholders has no funds available for the payment of 
the same, then it shall be lawful for such board to place 
the amount of such election expenses in the tax levy; 
and such board may borrow, on temporary loan bonds, 
sufficient moneys to pay such election expenses, said 
bonds to be payable within one year from their date, to 
bear interest at not exceeding five per centum per 


Repealer. 


Payment of 
expenses of 
special 
election. 


Provision 
for funds. 


May issue 
bonds. 




222 


Filling 
vacancies 
occnrrlng 
between last 
day for 
petition and 
general 
election. 


Proviso. 


ELECTIONS.' 


annum, payable semi-annually, and shall be executed 
in the manner that bonds of such county are usually 
executed, and shall be sold at either public or private 
sale for not less than par, and the said board shall place 
in the tax levy next after the issuance of such bonds 
an item of appropriation sufficient to pay the principal 
and interest thereof as the same mature. 

419. Sec. 3. This act shall take effect immediately. 

Approved April 4, 1910. 


CHAPTER 255. 

A Further Supplement to an act entitled “An act to 
regulate elections’" (Revision of 1898), approved 
April fourth, one thousand eight hundred and ninety- 
eight. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

420. SEc. I. In the event of a vacancy occurring by 
death, removal, resignation or otherwise, in any office, 
the candidates for which are required by law to be nomi¬ 
nated by petition and voted upon at a primary election, 
which vacancy shall occur prior to the general election 
but subsequent to the day fixed by law as the last day 
for filing the appropriate petition, the county committee, 
or the city or other municipal committee where the 
vacancy affects only such city or other municipality, 
of each political party, is hereby authorized to select 
a candidate for the office in question and file a state¬ 
ment of such selection with the clerk of such munici¬ 
pality as the candidate, if elected, would serve or 
represent, and the person so selected shall be the candi¬ 
date of the party at the ensuing general election; and 
the said selection shall be made by such committee 
within five days after the vacancy shall occur; provided, 
however, that such statement shall be filed not later 




ELECTIONS. 


223 


than fifteen days prior to such general election; and 
provided further, that notice of the selection as afore¬ 
said shall be given by the municipal clerk to the county 
clerk. 

421. Sec. 2. All acts^and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

422. Skc. 3. This act shall take effect immediately. 

Approved April ii, 1910. 


CHAPTER 284. 

A Supplement to an act entitled “An act to provide for 
the purchase of voting machine, and to regulate the 
use of the same at elections,” approved April twenty- 
eighth, one thousand nine hundred and five (Laws 
1905. page 386). 

Be it enacted by the Senate and General Assembly 
of the State of New Jersey: 

423. Sec. I. Whenever in any election held in any 
election district in this State, the voters of such election 
district shall have heretofore voted or shall hereafter 
vote “against the voting machine” in accordance with 
the provisions of Chapter 163 of the laws of the State 
of New Jersey, session of one thousand nine hundred 
and eight, the clerk of the municipality in which such 
election district is situate shall immediately forward the 
voting machine theretofore used in such election district, 
by freight, to the Secretary of State of the State of 
New Jersey at the Capitol, Trenton, New Jersey, and 
the Secretary of State shall not be required to relocate 
such machines so returned to his custody in any election 
district notwithstanding the act to which this is a supple¬ 
ment. 

424. Sec. 2. This act shall go into effect immediately. 
Approved April 12, 1910. 


Proviso. 


Repealer. 


Machines 
rejected by- 
voters for¬ 
warded to 
Secretary 
of State. 


Not neces¬ 
sary to re¬ 
locate such 
machines. 




224 


ELECTIONS. 


New Jersey Constitution. 


ARTICLE II. 


Right of Suffrage. 


Right of 
suffrage, 
vested in 
whom. 


What soldiers 
not entitled 
to vote. 


Paupers, etc., 
not entitled 
to vote. 


What soldier! 
entitled 
to vote. 


Powers of 
legislature 
as to vote 
of soldiers. 


425. Sec. I. Every male citizen of the United States, 
of the age of twenty-one years, who shall have been a 
resident of this State one year, and of the county in 
which he claims his vote five months, next before the 
election, shall be entitled to vote for all officers that now 
are or hereafter may be elective by the people; (a) pro¬ 
vided, that no person in the military, naval, or marine 
service of the United States shall be considered a resi¬ 
dent in this state by being stationed in any garrison, 
barrack, or military or naval place or station within this 
state; and no pauper, idiot, insane person or person con¬ 
victed of a crime which now excludes him from being a 
witness, unless pardoned or restored by law to the right 
of suffrage, shall enjoy the right of an elector; {h) and 
provided further, that in time of war no elector in the 
actual military service of the state, or of the United 
States in the army or navy thereof, shall be deprived of 
his vote by reason of his absence from such election dis¬ 
trict; and the legislature shall have power to provide 

(o) The residence required > entitle a person to vote means his fixed 
domicile or permanent home, ai is not changed or altered by his occasional 
absence with or without his fai ly. Cadwalader v. Howell, 3 Harrison 138. 

(b) The above constitution provision was adopted in 1844. At that 
time the statute disqualifying ' itnesses provided “that no person who shall 
be convicted of blasphemy, treason, murder, piracy, arson, rape, sodomy, or 
the infamous crime against nature, committed with mankind or with beast, 
polygamy, robbery, conspiracy, forgery, or larceny above the value of six 
dollars shall in any case be admitted as a witness unless he or she be first 
pardoned; and no person who shall be convicted of perjury, or of suborna¬ 
tion of perjury, although pardoned for the same, shall be admitted as a 
witness in any case." 




ELECTIONS. 


225 


the manner in which, and the time and place at which, 
such absent electors may vote, and for the return and 
canvass of their votes in the election districts in which 
they respectively reside, (a) 

426. Sec. 2. The legislature may pass laws to deprive 
persons of the right of suffrage who shall be convicted 
of bribery. 


(a) The right to vote, secured by the constitution, can only become 
operative by legislation; and any reasonable legislative regulation for the 
purpose of securing an enforced secrecy of the ballot is not a deprivation 
of a right to vote. Ransom v. Black, 25 Vroom 446. School trustees are 
officers within this article of the constitution, so that, if they are made 
elective by the people, only male citizens can vote for them. Kimball v. 
Hindee, 28 Vroom 307. A statute cannot confine the right to vote for road 
commissioners to the freeholders of the district, nor extend it to females or 
to non-residents of the district. Allison v. Blake, 28 Vroom 6. An election 
held in accordance with a statute which prohibits from voting a large class 
of persons having a constitutional right to vote, does not confer a legal 
title to the office upon the person elected. Allison v. Englewood, 29 Vroom 
140. 


Bribery a 
cause for 
disfran¬ 
chisement. 


15 ELEC 





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INDEX 


A. 


Adjournment of county canvassers, proceedings on, sections 105, 107. 

election board, during election day, section 4. 
not to be had after election until votes are counted, section 89. 
proceedings on adjourning before close of election, section 77. 
Affidavits for registration of voters to be filed, sections 32, 35. 

to secure registry of voters, sections 21, 22, 24, 32, 35. 
election boards may take, section 16. 

Agents allowed within railed inclosure, when, section 63. 
appointment of, for polling places, section 63. 
authority of, as challengers, section 63. 
number of, section 63. 

permits to, delivered to board of election, section 63. 
permits to, issued by county boards of election, section 63. 
written appointments of, filed with county board, section 63. 

Alien, oath of person challenged as, section 73. 

Amending certificates and petitions of nominations, section 235. 

Annexed territory, first election in, section 237a, &c. 

Annual general election, held when, section i. 

in every city, town, borough, &c., held when, sections 

2, 238, 294. 

Arrest, freedom from, on civil process on election day, section 70. 

persons selling liquor on election day, section 194. 

Assembly, general, see General Assembly. 

Assistance to blind or disabled voters, section 81. 

Assistant to blind or disabled voter not to reveal for whom he voted, sec¬ 
tion 81. 

B. 

Ballot-boxes, poll-list, &c., deposited in, after election, section 99. 
constructed, how, section 60. 
contents of, preserved how, section 100. 
custody of, after election, sections 99, 100. 
custody of, during adjournment on election day, section 77. 
deposited where, in cities, section 99. 
exhibited before receiving votes, section 66. 
keys of, custody after election, section 67. 
keys of, custody during election, section 65. 

(229) 


INDEX. 


230 

Ballot-boxes, located within rail inclosure, section 78. 

penalty for obstructing officers carrying to city clerk’s office, 
section loi. 

poll-book, deposited in, on adjournment before and after close 
of election, sections 67, 77, 99. 
primary elections, for, section 60. 
provided and kept in repair by whom, section 60. 
public view of, during adjournment, section 77. 
record of receipt of, kept by city clerk, section 99. 
robbing, penalty for, section 190. 

Ballots, black ink or pencil must be used in writing names on, sections 59, 85. 
canvassed, how, see Canvass of votes. 
considered void in part, when, section 92. 
considered void totally, when, sections 58, 59, 80, 85, 91, 92. 
how counted as to questions or propositions, printed on, section 52. 
county clerk to provide, when, section 49. 
deficiency of, supplied how, section 55. 

delivered by voter to judge of election on leaving booth, section 80. 
delivered with envelopes, receipt to county clerk for, section 54. 
delivered with envelopes, receipt to clerk of election for, section 54. 
delivered with envelopes, receipt to township or municipal clerk foi, 
section 54. 

delivered with envelopes to board of election, section 54. 
delivered with envelopes to clerk of election, section 54. ‘ 
delivered with envelopes to township or municipal clerks, section 54. 
delivered with envelopes in sealed packages, section 54. 
deposited in box after board decides to receive them, sections 68, 
76, 80. 

deposited in box in presence of voter, section 80. 
deposited in box with poll-list, &c., after election, section 99, 
destruction of, proceedings in case of, section 55. 
distinguishing marks on, prohibited, sections 50, 85. 
distribution of, before election day, section 57. 
enclosed in envelope before voting, section 80. 
entirely concealed in envelope when voted, section 80. 
equal number of, for different candidates, section 93. 
error in printing, corrected how, section 53. 
form of, section 49. 

furnished before election to voters on their order, section 56. 
furnished with envelope to voter at election, section 80, 
loss or destruction of, proceedings in case of, section 55. 
manner and form of printing, section 49. 
marks on, make it void, section 58. 
marks on, prohibited, section 49. 
mistakes in, correction of, section 53. 
municipal clerk to provide, when, sections 49, 386, 388. 
names may be erased from, by voter, sections 59, 85. 
names of candidates for president and vice president may be printed 
on, section 47. 


INDEX. 


231 

Ballots, names of candidates not accepting nomination not to be printed on, 
section 42. 

names of persons declining nomination not printed on, section 44 

number of, provided by county or municipal clerk, section 50. 

number of, provided in new districts, section 50. 

numbering or, in counting votes, section 87. 

offices to be filled, section 351. 

official, when to be used, section 85, 234. 

pasters used on, description of, sections 59, 85. 

penalty for altering or destroying, sections 190, 195, 197. 

penalty for altering indorsement on, section 195. 

penalty for marking, section 198. 

penalty for removing from booths, section 196. 

penalty for showing within polling-room, section 198. 

penalty for voting other than official, section 198. 

plurality of, sufficient to elect, section 93. 

printed at public expense, section 48. 

printed five days before election, section 53. 

printed for local elections, how, section 85. 

printed for general elections, how, section 49. 

printed on plain white paper, section 49. 

printed on back of, what shall be, section 50. 

proceedings when lost, destroyed or stolen, section 55. 

provided at public expense, sections 48, 49. 

provided how, for local elections, section 85. 

questions or propositions to be voted upon, printed on, section 52, 

received by board of election on their decision, section 76. 

rejected, strung on separate string, section 91. 

rejected, when, section 91. (See also Ballots void.) 

size of, section 49. 

township election, for, section 85. 

uniform size, quality and type of, section 49. 

unofficial, use of, at general elections, section 55. 

unofficial, use of, at local elections, section 85 

use of, substituted for official, section 55. 

use at local elections, inclosed in official envelopes, section 85. 

used at local elections, pasters on, section 85. 

used at local elections, void when, section 85. 

used at local elections, written changes on, section 85. 

void, general provisions concerning, sections 91, 92. 

void if designated by any mark, sections 58, 85. 

void if ink or pencil other than black be used in writing names on, 
sections 59, 85. 

void if not enclosed in unsealed official envelope, section 80. 
void if paster does not conform to law, sections 59, 85. 
void, in part, section 92. 

voter must receive, before entering booth or voting, section 80. 
what names not printed on, section 49. 


INDEX. 


-^32 


Bar-room, election not to be held in, section 8. 

Betting on elections, prohibition of, section 187. 

Blanks for election returns, &c., furnished by secretary of state, section 61. 
Blind voter, assisted how, section 81. 

Board of county canvassers, see County canvassers. 

Board of election, addition of names to registry by, on affidavit, sections 22, 24. 
adjournment of, on election day, sections 4, 77. 
all elections, to conduct, section 64. 
alphabetical registers, to make, sections 22, 23. 
announce publicly results of election, section 89. 
appointment of, section 15. 

appointment of, in new or altered districts, section 31. 
ballot of voter whose name has been checked, when received 
by, section 82. 

ballot-boxes in cities transmitted to the city clerk by, sec¬ 
tion 99. 

ballot-boxes in townships, &c., where kept, section 99. 

canvass of votes by, sections 86 to 93. 

certificate of removal given by, section 36. 

challenge of voters by, section 72. 

checked register filed with county clerk by, section 67. 

clerks of, who to be, section 19. 

compensation of members of, sections 178, 286. 

composed how, section 15, 

copies of registers posted by clerks of, sections 21, 22. 
copy of completed register filed- with county board by, 
sections 22, 24. 

dates of meeting to make and revise registers, sections 21 
to 24, 26 to 29. 

decision of majority is decision of, section 90. 
decision of, to receive ballot necessary before depositing 
it in box, sections 68, 76, 80. 
dissent to decision of board by a member, section 90. 
duty of, in new or altered districts, section 31. 
duty of, on presentation of certificates of county board of 
elections, section 25. 

duty of, when voter is challenged, sections 75, 76. 
election returns, to sign, section 80. 
erasing names from register, sections 22, 24. 
examination of nominees for, section 15. 
exhibition of ballot-box by, section 66. 
fees of members of, sections 178, 286. 
hold and conduct all elections in this state, section 64. 
how decide whether vote shall be received, section 76. 
ineligible for any office, section 84. 
judge and inspector of, who to be, section 19. 
may examine persons as to right to vote, section 75. 
meet in cities having over 30,000 inhabitants, when, sec¬ 
tions 21, 22. 


INDEX. 


233 


Board of election, meet in all other districts, when, section 23. 
meeting places of, section 18. 

members of, nominated by chairman of political parties, 
section 15. 

names checked on register on election day, section 67. 
names of, signed to poll-book, section 86. 
names when stricken from register, section 25. 
new municipalities, in, section 237. 
nominations for members of, section 15. 
nominees for, how fitness ascertained, section 15. 
oath administered to challenged voters by, section 75. 
oath of members of, section 16. 
oath administered by members of, section 16. 
official ballots and envelopes furnished to voter by, sec¬ 
tion 80. 

organization of, section 19. 
penalty for false registration by, section 33. 
penalty for receiving illegal votes, by, sections 33, 75. 
place of meeting, section 18. 
police power of, sections 83, 186. 
poll-list, deposited in ballot-box by, section 99. 
proceedings of, public, section 32. 
proclamation by, on opening polls, section 66. 
registers, copies, how disposed of, sections 22, 24. 
registers, made how, sections 21 to 24. 
registry of voters by affidavits, sections 21, 22, 24, 32, 35. 
removal from office of member of, section 15. 
request by, for detail of police force, section 83. 
revision and correction of registers, made how, section 22. 
revision of register for local elections, sections 26 to 29. 
room for its meetings, to select when, section 8. 
shall not receive vote of person unless satisfied of his right 
to vote, section 15. 
shall sign poll-book, section 86. 

.statement of result of election made by, sections 94 to 98. 

term of, section 17. 

time of appointing, section 15. 

times of meeting, sections 21 to 23. 

transmission of copy of statement of election to township 
or municipal clerk, section 96. 
tran.smission of statement of election to secretary of state 
and county clerk, section 96. 
vacancy in, before election day, filled how, section 17. 
vacancy in, on election day, filled how, sections 15, 17. 
what elections to hold, section 64. 

Board of elections, see County board of elections. 

Board of registry and elections, see Board of election. ' 

Board of state canvassers, see State canvassers. ■ ’ 

Booths, see Election booths. 


^34 


INDEX. 


Borough elections, manner of conducting, sections 64, 85, 294. 
Bribery, penalty for, sections 364 to 377, 382. (See Penalty.) 


C. 

Campaign contributions by insurance companies prohibited, section 381. 
Candidates, acceptance of nomination by, section 42. 

certificates and petitions nominating, filed with whom, section 42. 
filling vacancies, sections 44, 45, 420. 
form of petition nominating, section 41. 
independent, who considered to be, section 43. 
names of, certified by county clerk to secretary of state, section 42. 
names of, certified by secretary of state to county clerk, sections 
43, 45. 

nominated by petition, sections 41, 386, 392. 
noniinated by political party section 38. 

nomination of, when former candidate has died or declined sec¬ 
tion 45. 

presidential and vice-presidential, included in certificate or peti¬ 
tion of nomination, section 47. 
proceedings on declination of, sections 44, 45, 420. 

Canvass of votes, made immediately after election, without adjournment, sec¬ 
tion 89. 

manner of making, sections 86 to 93, 
open and public, to be, section 89. 
proposition submitted to vote of people, section 52, 
void ballots, sections 58, 59, 80, 85, 91, 92, 
Canvassing-books, blanks, &c., providrd by secretary of state, section 61. 
Certificate of nomination, deemed valid, when, section 46. 

filed, when and where, sections 42, 45. 
form of, sections 39, 85. 

objections to, made when and how, section 46. 
objections to, passed on, how, section 46. 
open for public inspection, section 42. 
vacancy, in case of, section 45. 

Certificates and petitions of nominations, amended how, section 235. 

filed when, section 42. 
filed with whom, sections 42, 386, 
388, 392. 

open for inspection when, section 
42. 

preserved one year, section 42. 
Challenge for crime, proven how, section 71. 

generally, oath in case of, section 74. 
of person as alien, section 73. 
who may, sections 63, 72. 

Challengers, see Agents. 

Charter elections, candidates for, nominated how, sections 85, 234. 
canvassed by whom, section 102. 
conducted by whom, section 64. 
copies of register to be posted and filed, section 26. 


INDEX. 


23s 


Charter elections, county boards to meet when, section 30. 
date of holding, section 2, 
duties of county boards concerning, section 30. 
held when, section 2. 

notice of registration to be published, how, sections 28, 29. 
registry of votes for, sections 26, 29, 31, 37. 
result of, ascertained how, section 94. 

Chosen freeholders, power of, to require vacancy in senate or general assembly 
to be filled, section 133. 
where municipalities vote jointly, section 404. 

Cities, charter elections in, when held, section 238. 

charter.elections in, how conducted, section 238. 
officers in, terms of, sections 239 to 248. 
vacancies in offices in, how filled, section 242. 

City clerk, duty concerning ballot-boxes, section 99. 

election blanks for local elections, to provide, section 62. 
furnish ballots, when, sections 49, 386, 388. 
may erect booths, &c., in street, section 8. 
notice of election, to give, section 7. 

notify board of election of location of polling-room, section 8. 
procure room for registering voters, &c., section 8. 
publish notice of meetings of district boards, section 28.. 
record of names of persons delivering ballot-boxes, to keep, sec¬ 
tion 99. 

record of time of receipt of ballot-boxes, to keep, section 99. 

City office, contest in case of, see Contested elections. 

Clerks of election, copies of registers posted by, sections 21, 22, 24. 

copy of completed register filed with city, township or 
municipal clerk by, section 24, 
delivery of ballots and envelopes to board of election by, 
section 54. 

duties of, on election day, section 67. 

for local election, notice of revision of register given by, 
section 29. 

who to serve as, section 19. 

Commission of messenger sent for missing statement of election, sections 
106, 124. 

Compensation of officers, sections 178, 179, 286. 

Congress, see House of representatives. 

contested election of members of, see Contested elections. 
Congressional districts, creation of, section 252. 

representatives for, elected when, section 182. 
represented how, section 182. 

Constables, duty to arrest persons selling liquor on election day, section 194. 
Contested elections, county and municipal officers in case of — 
appeal to supreme court, section 175. 

* bond of contestant to incumbent, section 166. 

circuit court, jurisdiction of, section 162. 
commenced by petition, sections 162, 166. 


236 INDEX. 

Contested elections, contents of petition in, section 167. 

costs of, who responsible for, section 172. 

grounds of contest in, section 163. 

judgment of court in, effect of, section 173. • 

judgment of court in, enforced how, section 174. 

jurisdiction of circuit courts in, section 162. 

jury trial in, not to be had, section 169, 

manner of proceeding in, section 169. 

meaning of “incumbent” in, section 164. 

mode of enforcing judgment on appeal, section 177. 

notice of trial of, section 167. 

petition in, copy to be served, section 167. 

petition of contestant in, sections 162, 166, 167. 

power of court to compel witnesses, in, section 170. 

precedence of appeal in, section 176. 

recognizance on appeal in, section 175. 

time of trial in, sections 167, 168. 

time within which appeal may be taken, section 175. 

what misconduct will set aside election in, section 165. 

what questions witness may be required to answer, section 

171. 

when petition in, must be filed, section 162. 

Contested elections, governor, in case of — 

committee to try, fees and expenses of, paid how, section 

152. 

committee to try, mode of conducting proceedings by, sec¬ 
tion 151. 

committee to try, organization of, section 147. 

committee to try, powers of, section 149. 

committee to try, reports of, section 150. 

committee to try, selection of, sections 144, 145, 146. 

committee to try, vacancy in, filled how, section 147. 

committee to try, when to meet, section 145. 

committee to try, when to sit, section 148. 

meeting of both houses of legislature in case of, section 143. 

notice of, section 141, 143. 

oath of members of committee to try, section 145. 
petition in case of, section 142. 

Contested elections, legislature and congress, in case of — 

attachment of witnesses for non-attendance, section 158. 
depositions in, notice of taking to be given, section 155. 
depositions in, transmitted to whom, section 157. 
depositions in, how taken, sections 154, 156. 
notice of intention to contest, section 153. 
witnesses in, how subpoenaed, section 154. 
witnesses in, penalty for non-attendance, section 158. 

Contributions by insurance companies prohibited, section 381. • 




INDEX. 


237 


Convention of delegates, defined, section 38. 

name or title of, in case of devision of party, section 

40. 

Coroner, certain offices not to hold, section 184. 
elected when, section 6. 
term of, section 6. 

vacancy in office of, filled how, section 139. 

Counting votes, see Canvass of votes. 

County board of elections, appointment of, section 13. 

appointment of boards of registry and election by, 
sections 15, 31. 

canvass of charter elections by, section 102. 
clerk of, his compensation, section 180. 
compensation of, section 180, 
constituted how, section 13, 

delivery of registry lists to city clerk by, section 27. 
meetings to add names to and erase names from 
registers, section 25. 

members of, nominated how, section 13. 
new municipalities, duties in, section 237. 
newspapers for publication of notices, selected by, 
section 20. 

oath of members of, section 16. 
oaths administered by members of, section 16. 
office provided for, section 13. 
organization of, section 14. 

publish notice of meetings of district boards, sec¬ 
tion 20. 

revision of registers by, sections 25, 30. 
term of members of, section 13. 
time of appointment of, section 13. 
to sit as a county board of canvassers, section 102. 
• vacancy in, filled how, section 13. 

when to sit to revise registers, section 25. 

County canvassers, adjournment of, section 105. 

board of, constituted how, section 102. 
county board of elections to be, section 102. 
clerk of, in absence of county clerk, section 104. 
clerk of, oath of, section 104. 
clerk of, who shall be, sections 102, 104. 
constituted how, section 102. 
decision of majority, effect of, section 117. 
determination of, concerning persons elected to senate, 
general assembly or county or city office, sections iii 
to 113. 

determination of, filed where, section iii. 
determination of, form for, section 112. 
dissent of member of, made how, section 117. 


238 INDEX. 

County canvassers, form of certificate of determination by, section 112. 

majority of members of, constitute board of, section 105. 
meet when and where, section 103. 
police, power of, section 186. 
proceedings on adjournment of, sections 105, 107. 
proceedings to be public, section 117. 
statements by, filed with secretary of state and county and 
city clerks, section no. 

statements of result of election to be made by, sections 
108, 109. 

when and where to meet, section 103. 
who to be, section 102. 

County Clerk, ballots provided by, sections 49, 387. 

ballots and envelopes, to deliver to township and municipal 
clerk, section 54. 

certified copies of determination of county canvassers, to fur¬ 
nish to persons elected, section 114. 
certified copies of determination of county canvassers, to fur¬ 
nish to secretary of state, section 114, 
clerk of county canvassers, sections 102, 103. 
compensation and fees of, how determined and paid, section 

179. 

determination of county canvassers, to file, section iii. 
distribution of election blanks, &c., by, section 61. 
elected when, section 6. 

election blanks, &c., furnished to board of registry and election 
by, sections 49, 51, 54, 61. 
expenses of, paid by whom, section 180. 
missing statements of election, to obtain, section 106. 
nomination to certify to secretary of state, section 42. 
notice of election of sheriff, coroners, county clerk, register and 
surrogate, to give, section 6. 

notice of election of electors, governors and senators, to give; 
section 5. 

notice of election to fill vacancy in the legislature or congress, 
to give, section 138. 

record of delivery of ballots and envelopes to keep, section 54. 
statements of election, to produce before county canvassers, 
sections 103, 106. 

statements of ejections, during adjournment of county can¬ 
vassers, to keep, section T07. 
vacancy in office of, filled when and how, section 139. 

County Collector, to sue persons failing to transmit statement of election to 
county clerk, section 97. 

County committee—filling vacancies, section 420. 

County office, contest in case of, see Contested elections. 

County registers, vacancy in office of, filled when and how, section 139. 
Crime, when it disqualifies a voter, section 71. 

Crimes, sections 188 to 213; 364 to 377: 381. (See also Penalties.) 


INDEX. 


239 


D. 


Declination of nomination, proceedings in case of, sections 44, 45. 

Direct nomination at primaries, 385. 

Disabled voters, assistance of, section 81. 

intoxicated persons not included amongst, section 81. 
persons unable to read and write not included amongst, 
section 81. 

Disfranchisement, bribery cause for, section 372. 

Dissent of member of board of election, how made, section 90. 

board of county canvassers, how made, section 117. 
board of state canvassers, how made, section 129. 
District, see Election district. 


E. 

Election, annual, in every city, town, borough, &c., held when, section 2. 
Election blanks, books, &c., furnished by secretary of state, section 61. 
Election booths, expense of providing, how paid for, section 180. 
furnished how, section 78. 
lighted, to be, section 78. 
local elections, for, section 85. 
manner of constructing, sections 78, 79. 
may be erected in street, section 8. 
number of, section 78. 

one person only to enter at one time, section 78. 

provided by township or municipal clerk, section 78. 

provided for local elections, section 85. 

railed inclosure to be about, section 78. 

supply of ballots and lead pencils kept in, section 78. 

time a voter may remain in, section 80. 

Election districts, boundary lines of, to be filed, section ii. 

creation and readjustment of, sections 9, 10, 237a. 

defined, section 12. 

new municipalities in, section 237/ 

number of voters in, section 9. 

Election in new municipalities, see New municipalities. 

Election law, printed copy of, furnished by secretary of state, section 6t. 
Election officers, ineligible to what offices, section 84. 

Election, betting on, prohibited, section 187. 

board of, see Boards of election. 

contested, see Contested elections. 

effect of tie vote at, section 93. 

expense of, paid by whom, sections 178 to 180. 

general, held when, section i. 

municipal, see Municipal elections. 

newly-created ward, in, section 2376. 

not to be held where intoxicating liquors are sold, section 8. 


240 


INDEX. 


Elections, notice of, given by secretary of state, county, township and munici¬ 
pal clerks, sections 6, 7. 

notice of, published in what newspapers, section 20, 

open and closed, when, section 4. 

plurality of votes sufficient for, section 93. 

prima facie evidence of election to legislature, section 115. 

proclamation on opening, section 66. 

returns of, signed by board of election, section 89. 

result of, determined how, sections 94, iii. 

result of, to be publicly announced, section 89. 

rooms, see Polling-rooms. 

statement of result of section 95, (See also Statement of result of 
election.) 

who may vote at, sections 33, 68, 381. 
writ of, see Writ of election. 

Electioneering within one hundred feet of polling place, penalty for, section 


207, 

Electoral college, see Presidential electors. 

Electors of president and vice-president, chosen when, section 3. 

persons ineligible as, section 183. 
qualifications of, section 3. 
vacancy in electoral college, how 
filled, section 132. 

when and where to meet, section 
131- 

Envelopes, color to be blue, section 51. 

delivered with ballots, in sealed packages, section 54. 
delivered with ballots, receipt for to county clerk, section 54. 
delivered with ballots, receipt for to registry or poll clerk, section 


54- 

delivered with ballots, receipt for to township or municipal clerk, 
section 54. 

delivered with ballots to board of election, section 54. 

delivered with ballots to registry or poll clerks, section 54. 

delivered with ballots to township or municipal clerk, section 54. 

distinguishing marks on, prohibited, section 51. 

furnished to voters with ballots at election, section 80. 

loss or destruction, proceedings in case of, section 55. 

marks on, prohibited, section 51. 

marks on, make inclosed ballot void, section 58. 

number of, provided, section 51. 

number of, supplied to voter, section 51. 

number of, in counting votes, section 87. 

official, provided by county and municipal clerks, section 51. 

official, when to be used, sections 85, 234. 

official color of, section 51. 

printing on, sections 51, 85. 

provided by whom, sections 51, 85. 


INDEX. 241 

Envelopes, proceedings in case official envelopes are lost, destroyed or stolen, 
section 55. 

quality and size of, section 51. 

township and local elections, for, section 85. 

unsealed, must be, when voted, section 80. 

unused and spoiled, placed in ballot-box at close of election, sec¬ 
tion 89. 

use of, confined to polling-room, sections 51, 85. 

used at township elections, indorsed how, section 85. 

used at township elections, must be, section 85. 

used at township elections, number provided, section 85. 

used at township elections, provided how, section 85. 

void if distinguished by mark, section 58. 

voter may obtain a second on spoiling first, section 51. 

voting without, section 55. 

words printed on, sections 51, 85. 

Erasing names from register, sections 22, 24, 25. 

Error in printing ballots, correction of, section 53. 


F. 

Factions in political parties, names for, how selected, section 40. 

Fees of county and municipal clerks, section 179. 

of members of board of elections, sections 178, 286. 
of officers, sections 178 to 180. 

on recount of votes for legislature, how fixed and paid, section 161. 


G. 


General assembly, apportionment of members of, amongst counties, section 249. 
election of members of, section i. 

prima facie evidence of election of members of, section 115. 
sessions of, held where, section 115. 
vacancy in, created how, section 134. 

vacancy in, filled how, section 133. - 

General election, held when, section i. 

Governor, appointment of county boards of election by, section 13. 
contested election of, see Contested elections. 
notice of election of, section 5. 
summon state canvassers when, section 119. 


H. 


House of representatives, certificate of election of, section 130. 

election of members of, section 182. 
members of, elected from ten districts, section 252. 
persons ineligible as members of, section 183. 
vacancy in, filled how, section 135. 


16 EEEC 


242 


INDEX. 


Incompatible offices, section 184. 

“Incumbent,” meaning of, section 164. 

Indictments, witnesses not excused from answering questions on trial of, sec¬ 
tion 213. 

Instructions, &c., provided by secretary of state, section 61. 

Insurance companies, political contributions prohibited, section 381. 
Intoxicated persons not entitled to assistance, section 81. 

Intoxicating liquor. (See Penalty.) 


J. 


Justices of the supreme court, compensation of, section 310. 

duty of county clerk, section 309. , 

power of, on recount of votes, sections 159 to 
161. 

power of, to order corrections of errors in bal¬ 
lots, section 53. 

power of, to hold court of common pleas on day 
preceding election, section 304. 
power of, to revise and correct registry list, 
section 304. 

power of, to hold court of common pleas on 
election day, section 305. 
power of, to act in a summary manner, &c., 
section 307. 

punishment for failure to comply with order 
of court, section 308. 


K. 


Keys of ballot-box, custody of, after election, section 67. - 
custody of, during election, section 65. 
deposited after election with county clerk, section 67. 


L. 


“Legal voters” defined, section 185, page 217. 

Legislature, certain offices not to be held by members of, section 184. 

contested election of members of, see Contested elections. 
evidence of right to seats in, section 115. 

. , vacancy in, created how, section 134. 
vacancy in, filled how, section 133. 

Local elections, sections,85, 234. (See also Charter elections.) 


INDEX. 


243 


M. 

Missing statements of election obtained how, sections 106, 124. 

Municipal clerk, ballot-boxes, to keep, section 99. 

ballots provided by, when, section 49. 
certify offices to be filled at general election, section 350. 
compensation of, how determined and paid, section 179. 
delivery of ballots and envelopes to registry or poll clerks by, 
section 54. 

election blanks for local elections, to provide, section 62. 
expenses of, paid how, section 180. 

notice of time, place and purpose of elections, to give, sec¬ 
tion 7. 

• notify board of election of location of polling-room, section 8. 
offices to be filled, section 350. 
polling-rooms, to provide, section 8. 

Municipal elections, conducted by whom, section 64. 

offices to be filled, section 350. 
provisions concerning, section 85. 
time of holding, sections 2, 294 to 301. 
see, also. New municipalities. 


N. 

Names of different factions of parties, determined how, section 40. 

New municipalities, provisions concerning first election in, sections 237 to 237^. 

Newspapers, notice of registration and primary election, published in what, 
section 20. 

Nominating body of political party, defined, section 38. 

may appoint committee to fill vacancies, 
section 45. 

name or title, how to determine in case 
of factions, section 40. 

Nomination of candidates, by petition, sections 41, 386. 

by political party, section 38. 
certificates or petitions of, filed when and where, 
. section 42; amended how, section 235. 
certified how, sections 39, 41. 
made by whom, sections 38, 41. 
objections to certificates of, section 46. 
vacancies created by death, &c., may be filled by 
committee, sections 45, 420. 
when required to be made by petition or certifi¬ 
cate, sections 85, 234. 

Nominations, certified by secretary of state to county clerk, sections 43, 45. 

Nominee, name of, not printed on ballots if he decline, section 44. 
proceedings on declination of, sections 44, 45. 

Notice of elections, by whom given, sections 5 to 7. 

Notice of election and registry, published in what newspapers, section 20. 


244 


INDEX. 


o. 


Oaths of members of county and district election boards, section i6. 

who may administer, section i6. 

Objections to certificates of nomination, section 46, 

Office, vacancy in, resulting from tie vote, section 93. 

who deemed elected to, section 93. 

Official ballots, see Ballots. 

envelopes, see Envelopes. 

Officers’ fees, sections 178 to 180, 286. 

Offices, incompatible, section 184. 


P. 


Packages of ballots and envelopes, sealed and delivered how and when, sec¬ 
tion 54. 

Pasters used on ballots, description of, sections 59, 85. 

Paupers not entitled to vote, page 217. 

Penalty, advancement or payment of money or other valuable thing for bri¬ 
bery, sections 204, 303. 

agreement to receive money or employment for voting or refraining 
from voting or registering, sections 205, 303. 
altering or destroying statement of determination of election, sec¬ 
tions 190, 303- 

ballot-box robbing, sections 190, 303. 

ballots, destroying, &c., sections 190, 195, 197, 303. 

board of election signing false statement, sections 191, 303. 

bribery, sections 219, 364 to 377. 

bribing delegates, sections 218, 303. 

bribing persons to vote or refrain from voting or registering, sec¬ 
tions 202, 303, 364 to 369. 

carrying official envelope from polling-room, sections 196, 303. 
compulsory testimony, section 369. 

conspiracy to induce voters to mark ballots or envelopes, sections 
200, 303. 

county canvassers, unlawful acts of chairman or clerk of, sections 
189, 303- 

county clerk, unlawful acts by, section 189. 
destroying registry list, sections 209, 303, 
disfranchisement of voter, when, sections 212, 303. 
electioneering within one hundred feet of polls, sections 207, 303. 
employment, &c., promise of, to voter, sections 203, 303, 373 to 377. 
envelopes, destroying, &c., sections 190, 195, 303. 
failure to transmit statement of election to county clerk, &c., sections 
97, 302. 

false registration of voters, sections 33, 34, 303. 
false swearing, sections 188, 303. 


INDEX. 


245 


Penalty, falsely personating a registered voter, sections 34, 303. 

falsely making or altering certificate of nomination, ballot or en¬ 
velope, sections 195, 303. 

falsely swearing to affidavit of registration, sections 35, 303. 
gift, loan or promise made to vote, sections 320, 369, 373 to 377. 
giving ballots and envelopes to other than county or municipal 
clerks, by printer, sections 199, 303. 
inducing person to vote or refrain from voting or registering, sec¬ 
tions 202, 303, 366. 

intimidating workmen or employes, sections 206, 303, 367, 368. 
intoxicating liquor, duty of peace officers, sections 194, 303. 
intoxicating liquor, having it in polling place, sections 193, 303. 
intoxicating liquor, selling, sections 192, 303. 
marking ballot or envelope, sections 198, 200, 303. 
obstructing officer carrying ballot-box to city clerk, sections loi, 303. 
obstructing voter, sections 207, 303. 
official envelope, having in possession, sections 208, 303. 
primary meeting, illegal voting at, sections 215, 303. 
printing'ballots or envelopes in form other.than that prescribed by 
county or municipal clerk, sections 199, 208, 303. 
receiving illegal votes, sections 33, 75, 191, 303. 
registry list, removing, sections 209, 303. 
removing ballots or pencils from booths, sections 196, 303. 
revealing how any person has voted, sections 201, 303. 
robbing ballot-box, sections 190, 303. 
secretary of state, unlawful acts by, section 189. 
showing ballot within polling-room, sections 198, 303. 
soliciting money, &c., from candidates, sections 210, 303. 
soliciting voter to show his ballot within one hundred feet of polling 
place, sections 198, 303. 

state canvassers, unlawful acts by clerk of, section 189. 
statement of result of election, altering, section 190. 
violation of duty by any public officer, sections 197, 303. 
voting by persons convicted of crime, section 71. 
voting by other than official ballot, sections 198, 303. 

Permits to challengers or agents, section 63. 

Petition of nomination, contents of, section 41. 

filed when and where, sections 42, 415. 
number of signers required, section 41. 
open for public inspection, section 42. 
verified by oath, section 41. 

Police officers, appointment of, at elections, section 83. 

* detailed at elections, section 83. 

duty to arrest persons selling liquor on election day, section 

194. 

Police power of board of election, county and state canvassers, sections 83, 186. 
Political contributions by insurance companies prohibited, section 381. 
Poll-book, deposited in ballot-box after election, sections 67, 99. 

deposited in ballot-box on adjournment before close of election, sec¬ 
tion 77. 


246 INDEX. 

Poll-book, entry at foot of list of voters in, section 86, 

'! ' entry at heading of list of Voters in, section 67. 

entry on adjournment before close of election, section 77. 
kept by whom and how, section 67. 

Polling-rooms, arrangement of, sections 78, 79. 

provided how and when, sections 8, 85. 
who allowed within, section 78, 

Polls, public proclamation of opening to be made, section 66. 

time during which they shall be kept open, section 4. 

Presidential and vice presidential candidates may be included in certificate of 
nomination, section 47. 

Presidential electors, certificate of election of, section 130. 

elected when, section 3. 

notice of election of, section 5, 

persons ineligible as, section 183. 

qualifications of, section 3. 

time and place of meeting of, section 131. 

vacancy in office, how filled, section 132. 

Primary elections, appropriations on ballot, section 379. 

ballot-boxes for, section 257. 

ballot-boxes for, delivery to election officers, section 267. 

ballot-boxes at, number of, section 267. 

ballot-boxes at, how constructed, section 267. 

ballots for, how prepared, sections 257, 262, 263, 264, 386, 

387. 

ballots for, number of, section 265. 

ballots for, delivery to election officers, section 266. 

ballots spoiled, procedure in case of, section 269. 

ballots for, errors in, how corrected, section 273. 

ballots, official, for, section 257. 

ballots, unofficial, used at, section 277. 

ballots, ‘schedule of appropriation may be placed thereon, 
section 379. 

candidates at, how nominated, sections 257, 386. 

- candidates at, acceptance i f nomination, sections 260, 394. 
candidate for single ward of township, how elected, section 
272. 

canvassing ballots at, sections 257, 270. 
challenges at, sections 257, 268. 
challengers at, who may be, sections 268, 280. 
city committee elected at, section 261. 

clerk of city, township, &c., to Aotify chairman of county 
committee of number of delegates to be elected, section 
262. 

clerk of municipality to provide booths, voting places, &c., 
section 266. 

clerk to deliver ballots, ballot-boxes, &c., section 267. 

conducted at public expense, section 257. 

conducted by whom, sections 257, 268. 

contested elections at convention how determined section 

271. 


INDEX. 


247 


Primary elections, conventions, time and place of holding, section 2^1. 

county clerk to give notice of preference of U. S. Senator, 
section 392. 

county committees elected at, section 261. 
delegates to conventions for, sections 256, 257. 
delegate’s acceptance of nomination, section 260. 
delegates, who to be declared elected at, section 271. 
delegates, credentials of, section 271. 
errors in ballots for, how corrected, section 273. 
expression of vote for U. S. Senator, sections 391, 392. 
held for all parties at same time and place, section 257. 
held when, sections 257, 268.. 
manner of voting at, sections 257, 269. 
nomination of candidates for, sections 256, 257, 412. 
nomination, acceptance of necessary to place name on bal¬ 
lot, section 412. 

notice of, given by poll clerks, section 268. 
number of delegates to be elected at, section 262. 
oath in case of challenge at, sections 257, 268. 
official oath of election officers, sections 268. 
official ballots for, section 257. 
party registration of voters at, sections 257, 268. 
penalty for illegal voting at, section 215. 
petition to place name on ticket, section 358, 
petition nominating candidates and delegates, form of, sec¬ 
tion 259. 

... . petition nominating candidates and delegates, acceptance of, 
section 260. 

places for holding, section 257. ■ • 

‘"political party” defined, section 258. 

polling booths for, section 257. 

preference for U. S. Senator, sections 391 to 394. 

receipts for ballots and ballot-boxes, section 267. 

registration of voters at, sections 257, 268, 269, 278. 

registry lists for, section 257. 

result filed with county clerk, sections 387, 392. 

returns canvassed by county clerk, sections 387, 392. 

schedule of appropriation on, section 379. 

statements of results of, sections 257, 270. 

statements of candidate filed with county clerk, section 394. 

unofficial ballots at, section 277. 

vacancy by death or declination, how filled, sections 272, 
274, 275, 420. 

voter at, who may be, sections 214. 257. 
voter- assisted, when and how, section 269. 
voter not to sign petitions for two parties, section 276. 
voter not to vote in box of but one party, sections 257, 276. 
Probable violation of act, how investigated, section 211. 

Proclamation on opening election to be made, section 66. 

Propositions or questions submitted to vote of people,'canvassed how, sections 

52, 185. 

Propositions or questions submitted printed on official ballots, section 52. 


248 


INDEX. 


R. 


Railed inclosure, ballot-boxes to be within, section 78. 

constructed about election booths, section 78. 
single entry and exit provided for, section 78. 
who allowed within, sections 63, 78. >1 

Recount of votes, sections 159 to 161. 

Register of voters, addition to, on affidavit, sections 22, 24. 

copies of, posted in each district, sections 21, 22, 24. 
copy of, filed with city, township or municipal clerk, sec¬ 
tion 24. 

copy of, filed with county board, sections 22, 24. 
delivery of, to city clerk for charter election, section 27. 
disposition of checked register after election, section 67. 
erasing names from, sections 22, 24, 25. 
filed after election, with county clerk, section 67. 
for charter elections in cities having over 30,000 inhabi- 
" tants, section 26. 

for local elections, correction of, by county board of elec¬ 
tions, section 30. 

for local elections, correction of, by election board, sec¬ 
tion 29. 

in cities having over 30,000 inhabitants, sections 26 to 28. 
kept by whom and how on election day, section 67. 
manner of making, sections 21 to 24. 
no person to vote whose name is not on, section 33. 
notice of, published in what newspapers, section 20. 
preserved for five years, section 396. 

revision and correction of, by county board of election, 
section 25. 

right of persons to be freely heard concerning, section 32. 
to be sold as waste paper, section 397. 

Register of deeds, elected when, section 6. 

Registry, notice of, published in what newspapers, section 20. 

Registry and election, boards of, see Boards of election. 

Removal of voter, certificate in case of, section 36. 

Residence, legal period, page 217. 

Result of election, see Statement of result of election. 

Rooms, polling, see Polling-rooms. 


8 . 


Secretary of state, certificate of election of representatives and presidential 
electors, duty concerning, section 130. 
certified copies of determination of state canvassers, to give 
to persons elected, section 127. 
election blanks, to furnish, section 61, 
may be summoned to produce papers before state can¬ 
vassers, section 125. 




INDEX. 


249 

Secretary of State, messenger for missing statements of election, to commis¬ 
sion and send, sections 118, 124. 
missing statements of elections, to obtain, section 118. 
nominations, to certify, to county clerks, sections 43, 45, 
392. 

notice of election of electors, congressmen, governor and 
senator, to give, section 5. 

papers to produce before state canvassers, sections 118, 123. 
return of rejected voting machines, section 423. 
statements of result of election, to file, section 128. 
transferring duties of voting machine commission to, sec¬ 
tion 382. 

voting machines, duties transferred to, section 382. 
voting machines, appropriations for, section 383. 

Senate, prima facie evidence of election of member of, what is, section 115. 
sessions of, held where, section 115. 
vacancy in, created how, section 134. 
vacancy in, filled how, section 133. 

Senator, notice of election of, section 5. 

Sheriff, certain offices not to hold, section 184. 

duty of, to arrest persons selling liquor on election day, section 194. 

elected when, section 6. 

vacancy in office of, how filled, section 139. 

Soldiers and sailors, affidavit of, section 222, 

affidavit of person authorized to cast ballot, section 228. 
affidavit and envelope of, filed when, section 226. 
ballot of, inclosed in envelope, section 223. 
ballot of, transmitted to elector authorized to cast it, sec¬ 
tion 223, 

ballot of, when not deposited in ballot-box, section 225. 
blanks for, prepared and forwarded by secretary of state, 
section 232. 

delivery of envelope and contents to election board, sec¬ 
tion 225. 

duty of election board, section 225. 
inner envelope inclosing ballot of, printing on, section 223. 
instrument of authority to cast vote, form of, section 224. 
instrument of authority to cast vote, inclosed in inner 
envelope, section 223. 

instrument of authority to cast vote, how verified, sec¬ 
tion 221. 

outer envelope, how marked, section 223. 
outer envelope opened by whom, section 225. 
penalty for intimidating, section 231. 
penalty for presenting false ballot to board of election, 
section 230. 

penalty for violation of duty by board of election, section 
229, 

postmaster to take receipts for envelopes delivered, sec¬ 
tion 227. 

right of, to vote, section 220, and page 217. 

vote of, may be cast by authorized elector, section 221. 


INDEX. 


250 

Special elections, when and how held and conducted, sections 140, 290, 292. 

payment of expenses of, sections 417, 418. 

State canvassers, appointment of, section 119. 

basis of determination by, section 126. 
chairman of, who to be, section 119. 

- ^ ’! £ chairman may summon secretary of state with papers, sec¬ 

tion 125. 

clerk of, who to be, section 119. 

clerk of, in case of absence of secretary of state, section 121. 
composed how, sections 119, 122. 

copies of determination of, delivered to persons elected, sec¬ 
tion 127. 

determination of persons elected by, sections 123, 126. 
dissent of members of, how made, section 129. 
may summon secretary of state to produce papers, section 
125. 

meet when, section 119. 
oath of clerk of, section 121. 
oath of members of, section 120. 
police power of, section 186. 
proceedings of, to be public, section 129. 
statement of result of election, to make, sections 123, 126. 
statement of determination, to make, sections 123, 126. 
statements made by, filed with secretary of state, section 123. 
statements laid before, when, section 123. 
statements produced before, to be, filed with secretary of state, 
section 128. 

vacancies in board of, filled how, section 122. 

Statement of result of election, by board of election, form of, section 95. 

by board of election, copy of transmitted to 
township or city clerk, section 96. 
by county canvassers, sections 108, 109, 
by county canvassers, filed with county and 
city clerk and secretary of state, section 
no. 

by county canvassers, form of, section 109. 
by state canvassers, section 123. 
county clerk to send for missing statements, 
section 106. 

custody of, during adjournment of county 
canvassers, section 107, 
delivery of, ordered by justice of supreme 
court, section 98. 

obtained how, when not properly foiwarded 
• ' to county clerk or secretary of state, sec¬ 

tion 106. 

“ penalty for altering or destroying, sections 

189, 190. 

■ ' - ^ 'Vi:-. penalty for'failure to transmit, section 97. 

produced before county canvassers filed with 
^ county clerk, section 116. 


INDEX. 


251 


Statement of result of election, secretary of state to send for, when, section 

124. 

transmitted to county clerk, section 96. 

transmitted to secretary of state by board of 
election section 96. 

transmitted to secretary of state by county 
canvassers, section no. 

^ transmitted to township or municipal clerk, 
section 96. 

Street, erection of polling-room in, section 8. 

Suffrage, right of, sections 220 and 217. 

Surrogates, elected when, section 6. 


T. 

Tally papers deposited in ballot-box, section 99. 

Tie vote, effect of, section 93. 

Towns, manner of conducting elections, sections 64, 85, 234. 

Township clerk, ballot-boxes, to keep, section 99. 

delivery of ballots and envelopes to election clerks by, sec¬ 
tion 54. 

election blanks for local elections, to provide, section 62. 
envelopes furnished by, when, section 85. 
expenses of, how paid, section 180. 
fees of, section 179. 

notice of time, place and purposes of all elections, to give, 
section 7. 

notify board of election of location of polling-room, section 8. 
polling-rooms, to provide, section 8. 

Township committeemen, how elected, sections 353 to 361. 

number of, section 354. 

Township elections, ballots for, provided how, section 85. 

distinguishing marks on ballot or envelope prohibited, 
section 85. 

election booths, provided for, section 85. 
envelopes for, provided how, section 85. 
held and conducted by whom, section 64. 
held where, section 85. 

manner of conducting election, sections 85, 294. 
nomination of candidates by petition or certificates not re¬ 
quired, sections 85, 234. 

notice of meeting for revision of registers for, section 29. 
registration of voters for, section 29. 
revision and correction of register for, section 29. 
result of, how ascertained, section 94. 
suitable room provided for by township clerk, section 85. 
unofficial ballots used at, section 85. 
what provisions not applicable to, sections 85, 234. 
Township office, contest in case of, see Contested elections. 

Townships divided into wards, sections 353 to 361. 


252 


INDEX. 


u. 


U. S. Senator, preference for, sections 391 to 394- 

V. 

Vacancy in board of registry and election, filled how, section 17. 
electoral college, filled how, section 132. 
house of representatives, filled how, section 135. 
legislature or congress, copies of writs of election to fill, delivered 
to county clerks, section 137. 

legislature or congress, notice of election to fill, section 138. 
nominations filled how, sections 45, 420. 
office, caused by a tie vote, section 93. 

office of sheriff, coroner, county clerk, register or surrogate, filled 
how, section 139. 

senate or general assembly, created how, section 134. 
senate or general assembly, filled how, section 133. 
state board of canvassers, filled how, section 122. 

Villages, charter elections in, section 249. 

Voters, blindness or physical disability, provisions in case of, section 81. 
certificate of transfer of, section 36. 
disqualified by certain crimes, section 71. 

freedom of, from arrest on civil process on election day, section 70 
intoxicated persons not included amongst disabled, section 81. 
legal, defined, section 185, and page 217. 

must receive ballot and envelope from board of election and enter 
booth before voting, section 80. 
must state his residence, section 67. 
must vote where, sections 68, 6g. 
name of, checked off on register, section 67. 

name of, to be publicly announced on tendering vote, section 68. 
official ballots, furnished to, before election day, section 56. 
persons unable to read and write not included amongst disabled, sec¬ 
tion 81. 

right of, to be freely heard concerning registry, section 32. 
right to vote though name has been checked on register, section 82. 
who may exercise the right of, sections 33, 68, 425. 
who may vote after hour for closing, section 78. 

Voting machines, abolishing “State Board of Voting Machine Commissioners,” 
section 382. 

allowance of, section 312. 

. arrangement of booths, section 317. 
assistance in voting, section 335. 
as to appropriations, section 383. 

adjournment of election boards using machines, section 337. 

amendments, voting on, section 344. 

ballot-box to be used if machine displaced, section 403. 

ballots used for presidential electors, section 317. 

ballots, defined, section 325. 


INDEX. 


253 


Voting machines, ballots, how prepared, sections 326, 401. 

ballots, how arranged, section 326. 

ballots, furnishing of, section 328. 

ballots, sample to be furnished, section 329. 

ballots, duplicate set provided, section 330. 

ballots, not delivered in time for use or lost, section 331. 

commission, establishment of, section 313. 

' commission, compensation of, sections 316, 348. 

commission, members to have no interest in machines, sec¬ 
tion 313. 

commission, oath of members, section 314. 
capacity of machines, section 317. 
deposit of money with state treasurer, section 316. 
delivery and care of machine, sections 320, 339. 
designation of machines by secretary of state, section 320. 
duties of commissioners transferred to secretary of state, sec¬ 
tions 382, 383. 

examination and approval of machines, section 315. 
emblem or device designated on tickets, section 324. 
guaranteed by seller, section 340. 

inspection of machine by commission, sections 319, 348. 
insurance of machine, section 322. 

instruction in use of machine by election officers, section 345. 
locks to be provided, sections 317, 336. 
must enable voter to vote, section 317, 
manner of voting, section 334. 
penalties, sections 341, 342, 346, 347. 
power of board to purchase machines, section 318. 
proposals, advertisement for, section 319. 
purchase of machines by county, section 321. 
polls to be closed, when, section 337. 
polling-room, arrangement of, section 332. 
polling-room, duty of clerk, section 333. 
polling-room, duty of election officers, section 333. 
procedure when machine breaks down, section 335. 
referendum, as to us of, sections 399 to 405. 
register of voters used at special election, section 401. 
rejected voting machines forwarded to secretary of state, 
section 423. 

report of examiners to be filed with secretary of state, sec¬ 
tion 315. 

requirements of machine, section 317. 
repairing of machine, section 322. 

results of election, how announced, certified and returned, 
sections 338, 402. 

removal of persons from booth, section 341. 
special election to determine the retention of, sections 399 to 
405. 

unofficial ballots used with, section 335. 
when to be used, sections 312, 323. 


254 


INDEX. 


w. 


Wards, townships divided into, sections 353 to 361. 

Witnesses compelled to testify in bribery cases, though answers may crimi¬ 
nate them, section 213. 

Writ of election to fill vacancy, sections 290, 292. 
duty of secretary of state as to, section 137. 
filed where, section 137. 
in house of representatives, section 135. 
in legislature, section 133. 
nature and contents of, section 136. 
notice of, published how, section 138. 


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